These Terms of Use explain the terms that govern your access to and use of the Think Whale website, public pages, demo materials, product examples, content, forms, and related online materials.
By accessing or using the website, you agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the website.
These Terms of Use apply to the public Think Whale website. They do not replace or modify any separate written agreement, master services agreement, SaaS agreement, statement of work, order form, data processing agreement, security addendum, or other agreement between Think Whale and a client, partner, vendor, or other business customer. If there is a conflict between these Terms of Use and a signed or separately accepted agreement with Think Whale, the separate agreement controls for the services covered by that agreement.
Who We Are
Think Whale provides software, automation, marketing, product infrastructure, lead routing, analytics, integrations, verification workflows, and growth systems for business clients, including companies operating in mortgage, real estate, and financial-services markets.
Think Whale is a technology provider. Think Whale is not a mortgage lender, mortgage broker, loan originator, real estate brokerage, credit reporting agency, provider of consumer credit, or provider of consumer financial advice.
Website Use
You may use the website only for lawful business and informational purposes.
You agree that you will not:
- Use the website for any unlawful, deceptive, harmful, abusive, or fraudulent purpose.
- Attempt to gain unauthorized access to the website, systems, servers, accounts, APIs, data, or networks.
- Interfere with or disrupt the operation, security, performance, or integrity of the website.
- Use bots, scrapers, crawlers, automated tools, or other automated methods to access, copy, monitor, extract, train on, or index website content without Think Whale’s prior written permission.
- Copy, reproduce, distribute, frame, mirror, modify, sell, resell, or commercially exploit any part of the website or its content without Think Whale’s prior written permission.
- Use the website or its content to build, train, benchmark, or improve a competing product, service, model, dataset, or system.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, design, logic, workflows, or non-public functionality of any Think Whale product, demo, system, or service.
- Misrepresent your identity, affiliation, authority, or relationship with any person or company.
- Upload, submit, or transmit malicious code, spam, security exploits, or harmful content.
- Violate any applicable law, regulation, contract, third-party right, or platform policy.
Website Content and Product Demonstrations
The website may include product descriptions, sample workflows, product screens, borrower flows, verification badges, lead cards, dashboards, loan comparison examples, routing examples, analytics examples, growth-system examples, and other visual demonstrations.
These materials are provided for general business, informational, and product demonstration purposes only.
Product screens, borrower flows, loan comparisons, verification badges, rates, payment examples, qualification labels, credit-related examples, routing examples, and related visuals are sample product demonstrations. They may use mock data, representative examples, simplified workflows, or demonstration content.
They do not represent actual loan terms, actual borrower eligibility, actual credit decisions, actual underwriting decisions, actual rates, actual approvals, actual commitments, actual lender decisions, actual real estate advice, or actual consumer disclosures.
Think Whale may change, remove, update, or discontinue website content, product descriptions, visuals, examples, features, or availability at any time without notice.
No Mortgage, Lending, Real Estate, or Financial Advice
Nothing on the website is a loan offer, loan application, mortgage approval, preapproval, commitment to lend, rate quote, fee quote, credit decision, underwriting decision, or guarantee of loan terms.
Think Whale does not provide consumer financial advice, real estate advice, legal advice, tax advice, credit counseling, mortgage counseling, or underwriting advice.
Any mortgage, real estate, borrower, verification, routing, credit, or loan-related examples shown on the website are illustrative product demonstrations only.
Actual loan products, rates, payments, fees, approvals, qualifications, disclosures, underwriting decisions, and commitments are provided only by licensed lenders, brokers, creditors, loan originators, or other authorized providers, as applicable.
Client Responsibility
Business clients are responsible for their own licensing, consumer disclosures, privacy notices, consent management, credit-reporting compliance, fair-lending compliance, advertising compliance, lead handling, data use, data retention, and regulatory obligations.
Think Whale tools are designed to support client workflows. They do not replace client legal, compliance, underwriting, licensing, disclosure, consent, or consumer-permission responsibilities.
Clients are responsible for confirming that their use of Think Whale products, connected systems, data sources, marketing workflows, lead generation processes, verification workflows, routing logic, communications, and integrations complies with applicable laws, regulations, contracts, platform rules, industry rules, and third-party requirements.
Credit Data and Consumer Reports
Think Whale does not use website demo-request forms to make consumer credit decisions, provide mortgage approvals, provide preapprovals, offer loans, determine loan eligibility, or make underwriting decisions.
Think Whale does not act as a consumer reporting agency and does not independently determine whether a consumer qualifies for credit.
If a Think Whale product, workflow, integration, or client implementation processes credit-related information, that processing must occur only through authorized workflows, legally permissible purposes, applicable agreements, and client-controlled compliance processes.
Clients are responsible for obtaining and maintaining any required permissions, authorizations, certifications, permissible purposes, consents, disclosures, and records related to credit data, consumer reports, verification data, borrower data, or other regulated information.
Communications Compliance
If a client uses Think Whale tools or connected systems to send, trigger, route, or support emails, calls, text messages, advertisements, retargeting campaigns, nurture sequences, or other communications, the client is responsible for ensuring that those communications comply with applicable laws and rules, including laws and rules related to consent, opt-outs, unsubscribe handling, do-not-call requirements, marketing disclosures, consumer permissions, and recordkeeping.
Think Whale may provide technology or infrastructure that supports communications workflows, but Think Whale does not determine whether a client has obtained legally sufficient consent or whether a particular communication is legally permitted.
Third-Party Services and Integrations
The website and Think Whale services may reference, link to, connect with, or rely on third-party platforms, tools, CRMs, scheduling tools, verification providers, credit providers, data providers, analytics providers, advertising platforms, communication tools, client systems, or other third-party services.
Third-party services are governed by their own terms, privacy policies, permissions, availability, pricing, security practices, and compliance obligations.
Think Whale is not responsible for third-party websites, services, systems, data, content, availability, security, accuracy, compliance, or performance.
If you choose to use, connect, authorize, or rely on a third-party service, you are responsible for reviewing and complying with the third party’s applicable terms and policies.
Demo Requests and Submitted Information
If you submit a form, request a demo, schedule a meeting, send an email, or otherwise provide information to Think Whale, you agree that the information you provide is accurate, current, and submitted by you or with proper authorization.
You agree not to submit information that you do not have the right to provide.
Think Whale may use information you submit to respond to your inquiry, schedule meetings, provide information about products or services, operate business communications, improve the website, and take other actions described in the Privacy Policy.
Information submitted through the website is also governed by the Think Whale Privacy Policy.
Intellectual Property
The website and its content are owned by Think Whale or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
This includes, without limitation, site copy, product descriptions, product visuals, product screens, workflows, layouts, graphics, icons, illustrations, mascot designs, logos, trademarks, service marks, code, design systems, page structure, diagrams, concepts, and other materials.
Except as expressly allowed by Think Whale in writing, you may not copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, sell, resell, scrape, extract, train on, or commercially exploit any website content or Think Whale materials.
Think Whale, SnapMortgage, SnapAgent, Snap, and related names, logos, marks, product names, designs, and brand elements are trademarks, service marks, or brand assets of Think Whale or its affiliates, licensors, or business partners. You may not use them without prior written permission.
Feedback
If you submit ideas, suggestions, comments, improvements, concepts, designs, feature requests, or other feedback to Think Whale, you agree that Think Whale may use that feedback without restriction or compensation to you.
You agree that feedback is provided voluntarily and does not create any confidentiality, ownership, payment, or obligation unless Think Whale separately agrees in writing.
No Confidentiality Through the Website
Do not submit confidential, proprietary, sensitive, regulated, or highly personal information through the public website unless Think Whale has specifically requested it through an appropriate secure channel or written agreement.
Information submitted through public website forms, demo requests, email links, scheduling tools, or general contact methods may not be treated as confidential unless a separate written agreement says otherwise.
Privacy
Think Whale’s collection and use of information through the website is described in the Think Whale Privacy Policy.
By using the website or submitting information through the website, you acknowledge that Think Whale may collect, use, share, and protect information as described in the Privacy Policy.
Availability and Accuracy
Think Whale works to keep the website accurate and available, but we do not guarantee that the website or any content will be uninterrupted, secure, current, complete, accurate, error-free, or available at all times.
Website content may contain errors, outdated information, or incomplete information. Think Whale may update or remove content at any time without notice.
You should not rely on the website as the sole basis for business, legal, compliance, financial, lending, real estate, credit, or technology decisions.
No Warranties
The website and all website content are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Think Whale disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted operation.
Think Whale does not warrant that the website will meet your requirements, produce any particular business result, generate leads, increase conversion, produce revenue, identify qualified borrowers, improve compliance, or operate without error or interruption.
Limitation of Liability
To the fullest extent permitted by law, Think Whale and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, security incidents, business interruption, or loss of use, arising out of or relating to your access to or use of the website.
To the fullest extent permitted by law, Think Whale’s total liability for any claim arising out of or relating to the website or these Terms of Use will not exceed one hundred dollars.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Think Whale and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to:
- Your use or misuse of the website.
- Your violation of these Terms of Use.
- Your violation of any law, regulation, contract, third-party right, platform rule, or industry requirement.
- Information, content, or materials you submit to Think Whale.
- Your use of Think Whale content, product examples, demos, visuals, or website materials.
- Your reliance on website content for business, compliance, lending, real estate, credit, financial, or legal decisions.
Changes to the Website or Terms
Think Whale may update, modify, suspend, or discontinue the website or any part of it at any time without notice.
Think Whale may update these Terms of Use from time to time. The updated version will be posted on this page with a revised effective date.
Your continued use of the website after updated Terms of Use are posted means you accept the updated Terms of Use.
Governing Law
These Terms of Use are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules, unless a separate written agreement with Think Whale states otherwise.
Any dispute arising out of or relating to these Terms of Use or the website will be brought in the state or federal courts located in North Carolina, unless applicable law requires a different venue or a separate written agreement with Think Whale states otherwise.
Miscellaneous
These Terms of Use, together with the Privacy Policy and any other policies or notices referenced on the website, make up the entire agreement between you and Think Whale regarding your use of the public website.
If any provision of these Terms of Use is found unenforceable, the remaining provisions will remain in effect.
Think Whale’s failure to enforce any provision of these Terms of Use does not waive Think Whale’s right to enforce that provision later.
You may not assign or transfer your rights or obligations under these Terms of Use without Think Whale’s prior written consent.
Think Whale may assign or transfer its rights or obligations under these Terms of Use in connection with a merger, acquisition, financing, restructuring, sale of assets, or other business transaction.
Contact
For questions about these Terms of Use, contact Think Whale at:
