LendAPI - Software as a Service
These Software-as-a-Service Terms of Service (“Terms”) form a binding agreement between LendAPI, Inc. (“LendAPI,” “Provider,” “we,” or “us”) and the individual or organization accessing or using the LendAPI software and related services (“Client,” “you”). By creating an account, accessing, or
using the Service, you agree to these Terms. If you do not agree, you may not use the Service
1. Definitions
1.1 “Service” means the hosted software-as-a-service platform provided by LendAPI, including all updates, enhancements, and new features.
1.2 “Client Data” means all data, information, and content submitted or transmitted by Client through the Service.
1.3 “Confidential Information” means all non-public information disclosed by one party to the other that is marked or reasonably understood to be confidential.
1.4 “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, and other proprietary rights worldwide
2. SAAS Services and Support
2.1 Subscription Grant. Subject to these Terms, LendAPI grants Client a limited, non-exclusive, non-transferable right to access and use the Service during the Term solely for Client’s internal business purposes.
2.2 Availability. The Service may be subject to internet and network limitations. LendAPI is not responsible for delays or interruptions outside its reasonable control.
2.3 Accounts. Client shall designate administrative users and safeguard credentials. LendAPI may suspend accounts that violate these Terms or security standards.
2.4 Support. LendAPI will provide reasonable technical support in accordance with its standard support practices or applicable Service Level Agreement.
3. Customer Responsibilities
3.1 Acceptable Use. Client shall not (a) reverse engineer or attempt to discover source code; (b) copy, modify, or create derivative works of the Service; (c) use the Service for timesharing, service bureau, or competitive analysis; or (d) remove proprietary notices.
3.2 Compliance. Client shall use the Service only in compliance with applicable laws and LendAPI’s published policies.
3.3 Security. Client is responsible for maintaining the security of its systems,
equipment, and passwords and for all activity occurring under its accounts.
4. Confidentiality and Proprietary Rights
4.1 Confidentiality. Each party agrees to protect the other’s Confidential Information with the same care it uses for its own, but no less than reasonable care. Obligations continue for five (5) years from disclosure and indefinitely for trade secrets.
4.2 Client Data Ownership. Client retains all rights to Client Data. LendAPI
may process Client Data solely to provide and improve the Service and in
accordance with applicable law.
4.3 Data Processing and Security. LendAPI maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Client Data against unauthorized access, loss, or disclosure. LendAPI acts as a “service provider” or “processor” under applicable privacy laws.
4.4 LendAPI IP Ownership. LendAPI retains all rights, title, and interest in and to the Service, underlying software, and all related Intellectual Property Rights.
4.5 Feedback. Any feedback or suggestions provided by Client may be used
by LendAPI without restriction.
5. Payment of Fees
5.1 Fees. Client shall pay the fees displayed on the LendAPI website or agreed in an order form. Fees may include Subscription Fees and per-transaction fees.
5.2 Changes. LendAPI may adjust fees annually based on the Consumer Price Index (CPI) or upon thirty (30) days’ prior notice for non-CPI adjustments.
5.3 Invoices and Late Payments. Fees are due within thirty (30) days of invoice. Unpaid balances accrue 1.5% monthly interest (or the maximum allowed by law). Client is responsible for taxes other than those based on LendAPI’s net income.
5.4 Suspension. LendAPI may suspend Service for non-payment or material
breach after notice; Service will resume upon cure
6. Term & Termination
6.1 Term. These Terms remain in effect for the subscription period selected by Client and renew automatically for successive periods unless canceled per Section 6.2.
6.2 Termination. Either party may terminate (a) for material breach not cured within thirty (30) days after notice, or (b) immediately for non-payment.
6.3 Effect of Termination. Upon termination, Client must stop using the Service. LendAPI will make Client Data available for export for thirty (30) days, after which it may delete such data except as required by law.
6.4 Survival. Sections on Confidentiality, Fees, IP Ownership, Limitation of
Liability, and Governing Law survive termination
7. Warranty & Disclaimer
LendAPI will use reasonable efforts consistent with industry standards to provide the Service in a manner minimizing errors and interruptions. Client’s exclusive remedy for any breach of this warranty is the re-
performance of the affected Service or, if LendAPI cannot cure within a reasonable time, a refund of prepaid unused fees.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS,” AND LENDAPI DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDAPI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
LOSS OF PROFITS, DATA, OR GOODWILL. IN NO EVENT SHALL LENDAPI’S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS
PRECEDING THE CLAIM.
9. Suspension and Force Majeure
LendAPI may suspend the Service if Client’s use (a) violates these Terms, (b) poses a security or operational risk, or (c) is required by law. Neither party will be liable for delays or failures due to causes beyond its reasonable control. Each party shall resume performance promptly once the event
ceases
Miscellaneous
10.1 Governing Law. These Terms are governed by California law. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association in Orange County, California, and may be enforced in its courts.
10.2 Assignment. Client may not assign these Terms without LendAPI’s written consent; LendAPI may assign to an affiliate or successor.
10.3 Entire Agreement. These Terms represent the entire agreement regarding Client’s use of the Service and supersede all prior understandings.
10.4 Notices. Notices must be in writing and are deemed given upon receipt or confirmed email to info@lendapi.com.
10.5 Amendments. LendAPI may update these Terms by posting a revised version. Continued use after such posting constitutes acceptance.10.6 Relationship of the Parties. The parties are independent contractors.
10.7 Severability. If any provision is held unenforceable, the remainder remains in effect.
10.8 Conflicts with Signed Agreements. If Client and LendAPI have executed a separate written agreement governing Client’s use of the Service (“Platform Agreement”), the terms of that Platform Agreement shall prevail to the extent of any conflict or inconsistency with these Terms. In all
other cases, these Terms govern Client’s use of the Service.
11. Contact
Questions about these Terms may be sent to info@lendapi.com.
Last updated October 14th 2025