Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and Lyte ("Lyte," "we," "us," or "our") and govern your access to and use of our websites, applications, APIs, dashboards, and related services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" means that organization.

The Services are provided strictly for lawful business and commercial use by financial professionals, including merchant cash advance brokers, lenders, ISOs, funders, and their teams. You must be at least 18 years old and capable of forming a binding contract. You may not use the Services to make underwriting, eligibility, or credit decisions about consumers, or for any purpose regulated under the Fair Credit Reporting Act (FCRA), unless you have separately contracted with Lyte for such use.

• You are responsible for maintaining the confidentiality of credentials and for all activity that occurs under your account or workspace.
• You must provide accurate registration information and keep it current.
• Workspace owners and admins control roles, permissions, billing, and access; team members are bound by these Terms when invited.
• We may require multi-factor authentication or additional verification for sensitive actions.

The Services are offered on subscription plans, usage-based plans, or a combination, as described at checkout. Plans renew automatically for successive periods unless cancelled before the renewal date. We may offer free trials or promotional credits; unused trial features and promotional credits expire when the trial ends and are not redeemable for cash.

• Some features (including SMS, email, AI processing, document handling, and lender connectors) are usage-based and consume credits or are billed per unit.
• Credits are a prepaid right to use specific Services. They are not currency, are non-transferable, are not redeemable for cash, and have no value outside the Services.
• Credit prices, conversion rates, unit costs, and fair-use thresholds may change with notice. We may meter, throttle, or pause usage to prevent abuse, fraud, or telecom carrier violations.
• If your balance is insufficient, paid features may pause until you add credits or auto-recharge succeeds.
• Promotional, gifted, or trial credits may expire, and we may revoke them if we suspect fraud or abuse.
• Credits unused at termination are forfeited except where required by law.

• Fees are in U.S. dollars unless stated otherwise and are exclusive of taxes. You are responsible for all applicable taxes, duties, and similar charges, except for taxes on our net income.
• By providing a payment method, you authorize us and our payment processors to charge that payment method for all fees, recurring charges, usage charges, credit purchases, and auto-recharges.
• If you enable auto-recharge, you authorize us to charge your saved payment method when your balance falls below the threshold you configure (or a default we set).
• If a charge fails, we may retry, suspend access to paid features, and charge late fees and reasonable collection costs to the extent permitted by law.
• You must keep billing information current. You are responsible for charges resulting from unauthorized access caused by your failure to safeguard credentials.

Except where required by law or expressly stated, all fees and credit purchases are final and non-refundable, including for partial periods, unused credits, downgraded plans, features you elected not to use, or issues caused by third parties you connect to (including lenders, carriers, and integrations).

• You must notify us in writing of any billing dispute within 30 days of the charge; otherwise, the charge is conclusively deemed accepted.
• Initiating a chargeback or payment reversal without first attempting in good faith to resolve the issue with us is a material breach of these Terms and may result in suspension and recovery of associated costs, including chargeback fees.
• We may offset amounts you owe us against any credits, balances, or refunds otherwise due to you.

You agree not to, and not to permit anyone to:

• Use the Services for unlawful, deceptive, harassing, defamatory, or fraudulent purposes.
• Send unsolicited messages, spam, phishing, or any communication in violation of TCPA, CAN-SPAM, CASL, 10DLC rules, carrier policies, or applicable do-not-call rules.
• Upload or transmit malware, scrape the Services, bypass rate limits, or interfere with infrastructure.
• Use the Services to evaluate creditworthiness for personal, family, or household purposes (FCRA-covered uses) without a separate written agreement.
• Reverse engineer, decompile, or attempt to extract source code, models, or training data of the Services.
• Use the Services to compete with us or to build a competing product, model, or dataset.
• Process information you do not have legal authority to process, or that is subject to special regulations (HIPAA, GLBA non-public personal information of consumers, FCRA, EU sensitive categories) without our prior written approval.
• Resell, sublicense, or expose the Services to third parties except to authorized end users in your workspace.

We may, in our sole discretion, suspend, throttle, or terminate accounts that we reasonably believe violate these rules.

You are solely responsible for all messages sent through the Services and for your compliance with telecom and consumer protection laws, including the TCPA, CAN-SPAM, CASL, state mini-TCPA laws, and 10DLC, toll-free, and short code registration and content requirements.

• You must obtain all required consents before sending marketing or promotional messages, maintain records of consent, and honor opt-out requests promptly.
• You will not send prohibited content categories (including SHAFT, hate, or other categories restricted by carriers).
• Carriers may block, filter, suspend, or fine senders. Lyte is not responsible for carrier filtering, deliverability, or fines, and you are responsible for any carrier-imposed fees passed through to your account.
• We may inspect message content and metadata to enforce these rules and may remove non-compliant campaigns.

The Services include AI-powered functionality (for example, bank statement analysis, drafting messages, summarization, and automation suggestions) provided directly or via third-party model providers. AI output is generated probabilistically and may be inaccurate, incomplete, biased, or outdated.

• AI output is not financial, legal, accounting, lending, underwriting, or tax advice.
• You are solely responsible for reviewing, editing, and verifying AI output before relying on it, sending it to a recipient, submitting it to a lender, or using it to make any decision.
• We do not guarantee the accuracy, availability, or compatibility of AI features, which may change or be removed.

The Services let you submit information to lenders, funders, and partners (collectively, "Lenders"). When you transmit information to a Lender, you direct us to do so on your behalf. Lenders are independent third parties.

• You represent and warrant that you have all necessary rights, authorizations, and consents to submit applicant, principal, business owner, and merchant information through the Services.
• Lyte is not a lender, broker, lead generator, originator, servicer, or fiduciary, and does not endorse any Lender or guarantee any outcome, offer, approval, funding, terms, or pricing.
• Once a Lender receives information, that Lender becomes an independent controller. Lyte is not responsible for a Lender's processing, decisions, communications, security, or use of information.
• You release Lyte from any claims arising from the actions, omissions, decisions, communications, or breaches of any Lender, integration partner, or other third party.

Lyte provides software tools. We do not provide legal, regulatory, financial, accounting, tax, lending, underwriting, brokerage, or investment advice. Nothing in the Services constitutes a solicitation or offer of credit. You are responsible for your own compliance (including state lending and brokering licenses, fee disclosures, and contract terms) and should consult qualified professionals.

You retain ownership of content you upload, generate, or transmit through the Services ("Customer Content"). You grant Lyte a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of Customer Content solely to provide, secure, and improve the Services, to enforce these Terms, and to comply with the law.

We may also process Customer Content in aggregated, de-identified, or anonymized form to operate, secure, and improve our products, including internal analytics and benchmarks. We will not use Customer Content to train foundation models for the benefit of unrelated third parties.

The Services, including all software, designs, models, prompts, templates, documentation, brand elements, and trademarks, are owned by Lyte or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. All rights not expressly granted are reserved.

If you submit suggestions, ideas, or feedback, you grant Lyte a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

The Services may integrate with third-party services (Lenders, SMS and email providers, payment processors, AI providers, document storage, analytics, identity verification). Your use of those services is governed by their own terms and privacy policies. Lyte is not responsible for their availability, accuracy, security, or actions, and we make no warranties about them.

Each party will protect the other's non-public information using at least the same degree of care it uses to protect its own non-public information (and no less than a reasonable standard) and will use it only as needed to perform under these Terms or as permitted by the disclosing party.

• You are responsible for safeguarding credentials, configuring permissions, and reviewing audit logs.
• You will promptly notify us of any suspected unauthorized access to your account.
• You will use the Services and any reports generated only for lawful, internal business purposes consistent with these Terms.

• These Terms apply for as long as you have an account or use the Services.
• You may cancel at any time through your dashboard. Cancellation stops auto-renewal but does not refund prior fees or credits.
• We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you violated these Terms, presented risk to the Services, other users, or any third party, or failed to pay.
• Upon termination, your right to access the Services ends. Sections that by their nature should survive (including fees owed, IP, disclaimers, limitations, indemnities, and dispute resolution) survive termination.
• We may export, delete, or retain Customer Content after termination consistent with our retention policies and applicable law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, SECURE, OR THAT ANY MESSAGE WILL BE DELIVERED OR ANY APPLICATION FUNDED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYTE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE FEES YOU PAID TO LYTE FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

You will defend, indemnify, and hold harmless Lyte and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Customer Content; (c) messages you send through the Services and any TCPA, CAN-SPAM, CASL, carrier, or state law claims arising from them; (d) your interactions with Lenders, applicants, principals, merchants, or other third parties; (e) your violation of these Terms or applicable law; and (f) your alleged infringement or misappropriation of any third-party right.

You will comply with all applicable laws and regulations. You represent that you and your end users are not located in, ordinarily resident in, or organized under the laws of, a country or region subject to comprehensive U.S. sanctions, and that you and your end users are not on any restricted-party list. You will not export, re-export, or transfer the Services in violation of export control or sanctions laws.

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, cyber-attacks, labor disputes, internet or telecom outages, carrier failures, government actions, and pandemics.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us in writing and allowing 60 days to attempt resolution.

Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved exclusively by binding individual arbitration administered by JAMS under its applicable rules. The seat of arbitration will be Wilmington, Delaware, and arbitration may proceed remotely. The arbitrator may award the same individual relief as a court, but may not award relief beyond the named individual claimant. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

You and Lyte agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement will be void as to the affected claim, which will then proceed exclusively in the state or federal courts located in Wilmington, Delaware.

Exceptions and small claims

Either party may bring an action in small claims court for qualifying claims, and either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property, confidentiality, or unauthorized access.

Opt-out

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@lyteos.com within 30 days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

We may modify the Services or these Terms at any time. Material changes to these Terms take effect when posted with an updated "Last updated" date or, where required, after additional notice. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the changes, your sole remedy is to stop using the Services and cancel your account.

• Entire agreement: these Terms, the Privacy Policy, and any order forms or supplemental terms form the entire agreement and supersede prior agreements.
• Assignment: you may not assign these Terms without our written consent. We may assign without restriction.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: failure to enforce a provision is not a waiver of it.
• No third-party beneficiaries.
• Notices to Lyte must be sent to legal@lyteos.com.
• Relationship: the parties are independent contractors; no partnership, agency, or joint venture is created.

For questions about these Terms, contact legal@lyteos.com.