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Canadian Mortgage App

Terms & Privacy Policy

Powered by Bendigi Technologies Inc.

Welcome to CMA!

Here is a quick human-readable introduction to our T&C. This introduction does not replace the full Terms & Conditions and privacy policy of the Canadian Mortgage App, so please make sure to read and agree to the full version before using our services.

  • First things first, we do not sell your personal information to anyone. Ever! There is a reason we have earned over 20,000 positive reviews on the App Store, and we pride ourselves on being an ethically responsible company.
  • By “we,” we mean Bendigi Technologies Inc. We are a mobile technology company that has been developing and operating Canada’s #1 mortgage app right here in Toronto since 2013.
  • Like every other technology platform, we gather data and analytics, but only to improve the app and our services. We store everything securely and invest heavily in our security infrastructure.
  • Your data is your data; we don’t own it. Frankly, we can’t even view it; it’s all encrypted in our database, but we hope to use it anonymously to improve our app for you and nothing more.
  • We do not spam people; we hate spammers too. We will push or email you educational content, tips, and the occasional promotion to help you save money. Additionally, we only send emails to users who have specifically opted in. If you are a client of our PRO subscribers, we won’t send you any emails other than system-generated email confirmations or password resets.
  • If you’re not satisfied with our content, please help us improve it by sharing your feedback on how we can better serve you and make you happier.
  • We do not sell mortgages. We offer unbiased technology to help you learn, estimate, and be more financially savvy when researching a mortgage. At the end of the day, you must speak to your licensed Mortgage Broker or Realtor for guidance.
  • We encourage you to always consult with a licensed professional when making financial decisions and never rely solely on an app, regardless of its type. After all, you are making the most significant investment of your life, and there are people with far more experience than we.
  • On selected versions of our app, we enable you to request a connection with one of our licensed and trusted professionals, who we have carefully selected, interviewed, and verified before exposing their services to you. We also continue to track their performance to ensure you’ll receive the best service possible. Think Uber for mortgages.
  • We fund our operations by charging professionals a marketing fee every time they decide to connect with us. Additionally, if they purchase a branded version of our app (the PRO) or our web calculators, we charge them a monthly subscription fee.
  • Although we put an insane amount of effort, time, and money into ensuring that all calculations are accurate and everything is up to date, we accept no liability whatsoever for any issues caused by our services.
  • You also agree not to hold us liable for any issues that may arise while using our services.
  • We trust that you will not post anything questionable, or we’ll be forced to terminate your account. Keep our services nice and clean, and everyone is happy. Please!
  • Our lawyer advises us that we must reserve the right to modify our terms at any time, without prior notice, at our sole discretion. We accept this advice and reserve the right to do so.

Table of Contents - Last Updated on December 23, 2019.​

Our Full Terms & Conditions & Privacy Policy

Bendigi Technologies Inc. (“Bendigi ”, “we ”, “us ”, and terms of similar meaning) provides this Site (as defined below), the App (as defined below) and the services provided by or through the Site and/or App to you subject to these terms and conditions of use, which include Bendigi’s Privacy Policy below (these “Terms ”). In these Terms, we call this website, and any successor websites, the “Site ” and the software we provide, known as the Canadian Mortgage App, the “App ”. The App includes both the iOS and Android versions. We refer to the services provided by the App as the “Services ”.

Please read these Terms carefully before using the Services. By accessing or using the Services, the App or the Site, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services, App or Site. The Services are not intended to be used by children. You must be at least of the age of majority in your jurisdiction of residence to use the Services.

Identification of Parties:

In these Terms, our customers who have subscribed to our Local Expert program or have placed their branding on a copy of the App are called “Agents ”, and our customers’ customers who use the Services (for example, to search, view and contact Local Experts) or download a branded version via an Agent’s unique web link are called “Customers ”.

In these Terms users of the Services, whether they are Agents, Customers, people who download any of our Apps, or casual browsers of the Site, are called “Users ” or referred to as “you ” or “your ”.

Modifications to these Terms.

We reserve the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, the App or the Services at any time and at our sole discretion. If we do so, we shall post the new Terms on the Site.

Once posted, the new Terms will be effective and apply to your use thereafter. If you do not agree with the changes, you can cancel your account with us without further obligation, except for any amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation).

Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions on the Site. Your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should, from time to time, review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the “last updated ” date at the bottom. If you do not agree to any amended Terms, you must stop using the Services.

If you have questions about the Terms, please email us at contact@bendigi.com.

Overview of Services.

The Services allow Agents to, among other things: advertise such Agent mortgage or real estate planning services on the (i) publicly available copy of the app; (ii) on device branded version of the app (“CMA PRO”); (iii) on our provided website calculators. The Services allow Customers to, among other things: (i) estimate realistic monthly homeownership costs; and (ii) access, on a real-time basis, mortgage rates for fixed and variable mortgages with various terms as collected or received by us from a third party who receives same from various financial institutions and lenders in Canada (“Mortgage Rates ”); and (iii) generate summary reports detailing mortgage and ownership costs. Users acknowledge that the Mortgage Rates are not provided by Bendigi and are received from a third party. BENDIGI DOES NOT VERIFY THAT THE MORTGAGE RATES ARE THE MOST CURRENT AND DOES NOT WARRANT AND HEREBY DISCLAIMS THE ACCURACY OR COMPLETENESS OF THE MORTGAGE RATES. The Services also include a functionality to allow Customers to upload information relevant to a mortgage application, which the Customer will then be able to submit to those Agents who are appropriately licensed for review and processing by such Agent (“Mortgage Application ”). Once the Mortgage Application is received by the Agent, Customer will be able to track the status of such Customer’s Mortgage Application as the Mortgage Application proceeds through the approval process by the Agent. This Service informs and enables a Customer to efficiently communicate with a licensed Agent. Bendigi may receive a fee for this Service from an Agent. This Service does not include and Bendigi specifically disclaims that this Service involves with the dealing with a mortgage and, in particular, Bendigi: (i) is not soliciting any individual, including any Customer to borrow, or any Agent to lend, money on the security of real property; (ii) is not itself providing information about any prospective borrower, including any Customer, to any prospective mortgage lender; (iii) does not perform any analytics or assessment regarding any individual, including any Customer, on behalf of any other entity or person; and (iv) is not negotiating or arranging a mortgage on behalf of any person or entity, or attempting to do so.

Ownership, Copyright and Trademarks.

In these Terms, the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content, except the Mortgage Application and the data contained therein, provided by Users is called “User Content ”. Except as otherwise set forth in these Terms, you are responsible for all visual or written information and any other materials that you submit and/or input into the App. You will not upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise deemed objectionable by Bendigi.

You will not upload, post, email, or transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid schemes,” “affiliate links” or any other form of illicit solicitation. You will not upload, post, email, transmit or otherwise make available any User Content that violates copyright, trademark or other laws protecting intellectual property or that violates an individual’s privacy rights. You will not upload, download, transmit or otherwise make available any code or material that harms or interferes with any device, software, network or service, including the App and Site. You will not violate any laws or regulations in your province or country (including laws governing intellectual property rights, online conduct or online content) in connection with your use of the Services and will comply with all applicable laws and regulations governing your use thereof. You represent that: (i) your Mortgage Application information, your User Content and any other information that you provide via the Services is true, accurate and not misleading; and (ii) you have all rights, licenses and permissions from third parties to use, reproduce, publish and display content belonging to others as part of your User Content. Our right to any User Content is the limited licenses to it granted under these Terms. Those licenses are described in Section “Limited License of Your User Content to Bendigi” and Section “Inactive Agents; Termination of Agreement” of these Terms. Other than the User Content and the Mortgage Application; all of the Services, Content and software available on the Services or used to create and operate the Services are the property of Bendigi or its licensors and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. The App may contain links to other websites that are not under the control of the App or Bendigi. The inclusion of any link, references to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bendigi, and Bendigi is not responsible for the content of any such linked sites.

Your User Content is your responsibility.

We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content, other than the Mortgage Application, posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.

Limited License of Your User Content to Bendigi.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you: (a) grant Bendigi and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that: (i) you own and control all of the rights to the User Content that you submit or otherwise distribute, or you otherwise have the lawful right to submit and distribute that User Content, to or through the Services; and (ii) the use and transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services, and they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. For example, we may modify your submitted images by cropping and resizing it in various dimensions to optimize its display on the mobile device.

Our Limited License of Content to You.

Bendigi grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the App, and (vi) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of Bendigi is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Bendigi at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

In the event of breach of the provisions of these Terms related to intellectual property, reverse engineering, derivative works, or unauthorized copying, and absent other proof of damages, the parties agree that liquidated damages of CAD $20,000 per tool/instance/breach are reasonable and not a penalty, and are payable by you to Bendigi, in addition to other rights or remedies available (such as injunctive relief or damages).

To request permission for uses of Content not included in this license, you may contact Bendigi at contact@bendigi.com.

User Submissions.

Subject to the Privacy Policy below, if you send to Bendigi or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions ”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Bendigi can use the User Submissions without acknowledgement or compensation to you, and you hereby waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

Licensed Access and Subscription Terms

Bendigi provides licensed access to its digital products and services, which include:

  • The branded version of the Canadian Mortgage App (the “App”),

  • The embeddable mortgage calculators and widgets (the “Web Tools”),

  • The user dashboard and related administrative tools (the “Dashboard”), and

  • Digital advertisements displayed on the non-branded version of the App (the “Advertisement”).

Access to these services is offered to licensed mortgage agents and professionals on a monthly or annual subscription basis.

Licensed Access to Bendigi Services

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Individual License and Account Limitations

Each account and subscription is licensed to an individual agent only. It is not licensed for teams, brokerages, or corporate entities unless expressly approved in writing by Ben Salami.

If you intend to use a single account for multiple agents or under a brokerage or company brand, you must first request a custom team or enterprise license by contacting ben@bendigi.com.

If we detect that your App or Web Tools have been branded corporately, for example, by:

  • Replacing your personal photo with a company logo,

  • Changing your contact email to a shared address such as info@domain, support@domain, or contact@domain, or

  • Registering multiple agents under a single mobile app account.

Bendigi may request that you obtain a license for all participating agents. Each case will be reviewed individually.

Use beyond a single agent or location without express authorization constitutes a breach of these Terms.

Ownership and Usage Restrictions

You acknowledge and agree that the Web Admin Dashboard, Website Calculators, Tools/Widget, Property Financing Sheet Generator, Lead Journeys, and Advertisements remain the sole property of Bendigi Technologies Inc. throughout your subscription term.

You agree not to promote any content that is illegal, unethical, misleading, or offensive using any Bendigi services, including links, advertisements, Local Expert listings, or email communications.

You further agree not to circumvent, alter, modify, tamper with, or interfere with the operation, intent, or functionality of the App, Dashboard, or Web Tools. Any violation of this clause may result in immediate suspension or termination of your account at Bendigi’s discretion.

Bendigi reserves the right to refuse, remove, or discontinue service at any time and for any reason without prior notice.

Branding Accuracy and Information Control

Bendigi cannot guarantee that agent information (including profile data and Local Expert details) is displayed accurately on all versions of the App or Web Tools.

To maintain accuracy and compliance, Bendigi may disable or limit the Branding or Local Expert features on older versions of the App as needed.

Fees, Renewals, and Cancellations

Bendigi reserves the right to adjust subscription fees and promotional offers periodically. Any pricing changes will be communicated through available upgrade or renewal options.

By creating an account or subscribing, you authorize automatic renewal of your monthly or annual membership fees. Your default payment method will be charged automatically for the renewal amount plus applicable taxes.

You may cancel your automatic renewal at any time up to 24 hours before the renewal date by contacting customercare@bendigi.com, using in-app support (Settings → Support), or the chat support feature on our website.

Bendigi does not charge cancellation fees.

Refunds may be issued for cancellations made within 30 days of the renewal date, but no refunds are available after this period.

If your payment fails on the renewal date, Bendigi’s accounting system may automatically reattempt the transaction periodically.

Email Communication and Mailing List

By creating an agent profile or clicking Sign Up / Create Account, you consent to join Bendigi’s mailing list hosted on Mailchimp.
We respect your privacy. Your email address will not be sold to third parties.
We may occasionally contact you with product updates, renewal notices, or educational messages designed to help you get the most out of the App.

Mortgage Application Eligibility

Only agents who have signed a separate written agreement with Bendigi related to the handling of mortgage applications may receive such applications through the platform

Automatic Recurring Payments - Subscriptions

CMA PRO on iTunes & Google Play starts at $23.99 CAD/month for Realtor estate professionals and $249.99 for Mortgage Professionals. Payment will be charged to your iTunes account or you’r credit card if you have subscribed to an annual plan. Of course, you can cancel anytime, for any reason by visiting your iTunes store account in settings or contacting us via our support channels.  Your subscription automatically renews monthly or annually unless auto-renew is turned off at least 24-hours before the end of the current period. Prices are in Canadian dollars, may vary in countries other than Canada, and are subject to change without notice. Terms of use and privacy policy are available here: https://canadianmortgageapp.com/terms. If you don’t choose to get CMA PRO, you can continue using the Canadian Mortgage App for free forever.

Agent’s Warranty.

If you are an Agent, you warrant that you are authorized to publish the Advertisement under the heading and in the territory indicated on your profile creation form and to display the information and that it does not violate any law. You also warrant that you hold all permits or licenses which may be necessary, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over your activities. You further warrant that you hold all the rights to use the trade-marks or trade names included in the Advertisement or on the Site and that such use does not violate any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property.

No representations by Bendigi & no warranty of success for the Agent.

If you are an Agent, you acknowledge that, in order to promote the Local Expert directories on the mobile App and Site, Bendigi may, from time to time, convey data, including statistics, or other types of information, which illustrate the results obtained by Bendigi’s Agents as a whole. You acknowledge that Bendigi does not guarantee that you will generate a certain level of business or that you will be contacted by potential clients. If you are a User looking for a Local Expert, you hereby acknowledge that such data is conveyed solely for informational purposes and that the results obtained by you may vary considerably from Agent to Agent.

Warranty Disclaimer.

To the maximum extent permitted by applicable law, you use the Services at your own risk. Bendigi will not be responsible for any harm to any computer equipment or device, any loss of data or any other harm that results from your use of the Services. BENDIGI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE, CONTENT, APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR that the Site, Content, App or Services are accurate, complete, reliable, OR current. While Bendigi attempts to make your access to and use of the Services safe, Bendigi does not represent or warrant that the Site, Content, App or Services are free of viruses or other harmful components. YOU AGREE THAT FROM TO TIME, BENDIGI MAY REMOVE THE APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, APP AND SERVICES ARE AT YOUR SOLE RISK. The Site, Content, App and Services are provided to you on an “as is” and “as available” basis without warranties from Bendigi of any kind, either express or implied, INCLUDING ALL implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability; Indemnity.

You waive and shall not assert any claims or allegations of any nature whatsoever against Bendigi, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties ”) arising out of or in any way relating to your use of the Site, the Content, our App or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, our App or the Services. You use the Site, the Content, our App and the Services at your own risk.

Without limitation of the foregoing, neither Bendigi nor any other Released Party shall be liable for any direct, indirect, incidental, punitive, special or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, our App or the Services, including without limitation any damages caused by or resulting from: (i) your reliance on the Site, the Content, our App or the Services or other information obtained from Bendigi or any other Released Party or accessible via the Site, the Content, our App or the Services, or (ii) that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission; or (iii) any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Bendigi or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Bendigi, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, our App or the Services exceed, in the case of agent, any compensation paid by you for access to or use of the Site, the Content, our App or the Services, as the case may be, during the three months prior to the date of any claim; or in the case of customer, one dollar ($1.00).

You shall defend, indemnify and hold harmless Bendigi and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, our App and the Services, and if you are an Agent, from your customers’ use of the Services and from the use of the Site, the Content, our Apps and the Services by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are an Agent, your customers’, User Content infringes the rights, including the intellectual property rights, of any third party.

Communications.

Notices that we give you (other than the notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your registration if you are an Agent or Mortgage Application. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Jurisdiction.

The Services are controlled by Bendigi and operated by it from its offices in Toronto, Ontario. You and Bendigi both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Bendigi explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, our App or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Bendigi and the other Released Parties for your failure to comply with any such laws.

Termination/Modification of License and Site Offerings.

Notwithstanding any provision of these Terms, Bendigi reserves the right, without notice and in its sole discretion, without any notice or liability to you, to: (i) terminate your license to use the Services, or any portion thereof (including any use of our App); (ii) block or prevent your future access to and use of all or any portion of the Services or Content (including any use of our App); (iii) change, suspend or discontinue any aspect of the Services or Content; and (iv) impose limits on the Services or Content.

Post-Termination Use; Derivative Works Prohibition

Upon termination or expiration of your license or subscription, all rights granted to you under these Terms shall immediately cease. You must, within five (5) business days, remove, disable, delete, or destroy all copies, derivatives, translations or adaptations of the Content, tools, user interfaces or functionalities originally provided by Bendigi (or any substantially similar versions thereof). You warrant that you will provide Bendigi with written certification of such removal and destruction upon request.

You agree not to create, publish, maintain or deploy any derivative, imitation, substantially similar, alternative, or replacement version of any Content, tool, or interface that is confusingly similar to Bendigi’s proprietary designs, workflows, features or user interactions.

Right to Audit and Inspect

Upon reasonable advance written notice, you grant Bendigi (or its designated audit or technical representatives) the right to inspect your implementation, software, website, or codebase to confirm compliance with these Terms, including to ascertain whether any portion constitutes a derivative work, unauthorized copy, or misuse of Bendigi’s intellectual property. You agree to provide reasonable assistance and access for such inspection.

Inactive Agents; Termination of Agreement for App.

If you are an Agent and your account is inactive for at least three (3) consecutive attempts to contact you via email or phone, we may deactivate/disable your account. Deactivated accounts are not deleted—they are simply disabled and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to delete it, you may temporarily remove yourself from Local Expert without any penalty, by letting us know in advance at contact@canadadianmortgageapp.com. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You and Bendigi may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services during the billing period, you are responsible for the entire balance of the current billing period. When your account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. The physical installation of the services will remain on the device(s) it was installed on. The removal or un-installation of the service can only be initiated by the device owner and impossible to perform automatically without administrative privileges. In the event of termination, all physical installations of the service on all devices will revert back to the publicly available service, ie the non-branded service. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

Miscellaneous.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Bendigi may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Bendigi, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Bendigi regarding your use of the Site, the Content, our App and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Bendigi regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

Questions and Comments. If you have any questions regarding these Terms or your use of the Services, please contact us here:

Bendigi Technologies Inc. 4773 Yonge Street, Suite# 4L Toronto, ON, M2N 0G4 Canada 1-844-BEN-DIGI (1-844-236-3444) (phone) contact@bendigi.com

Privacy Policy.

This Bendigi Privacy Policy provides you with information regarding our collection, use, retention, storage and disclosure of your Personal Information (defined below) and is incorporated into the Terms above. The defined terms in this Privacy Policy have the meanings set out in the Terms. How Bendigi Collects, Uses and Shares Personal Information You acknowledge and agree that, in the course of your use of the Services, Bendigi will collect, process, and store information about you and your use of the Services. This information will consist of your User Content, including information in your Mortgage Application and other personal data, which may include your Personal Information.

“Personal Information” consists of any information that can be used to identify you and may include your name, email address, postal code or other physical address, gender, marital status, occupation, and, as applicable, other information required to make the Services available to you or to process an online inquiry, interaction or transaction that you have requested or initiated.

All your User Content, including Personal Information, will be processed, stored and handled by Bendigi in accordance with industry-standard commercial data storage processes and procedures, applicable Canadian laws and this Privacy Policy. You acknowledge that your Personal Information may be transmitted outside of Canada and provided to third parties for the purposes of providing the Services to you. 

Bendigi will not sell, rent, share or trade any of your Personal Information to any third parties for any purpose, including for direct or indirect sales or marketing purposes, except as described in this Privacy Policy. Unless otherwise agreed to by you, Bendigi will use your Personal Information solely to make the Services available to you. Subject to the foregoing and conditioned on Bendigi’s compliance with the Terms and this Privacy Policy, you consent to Bendigi: (i) sharing your Personal and Financial Information with an Agent or third party Mortgage Broker(s) (collectively “Agent ”) for the purpose of evaluating your Mortgage Application; (iii) sharing the information you have entered with an “Agent” whose personalized mobile app you have installed, and (iv) to the extent that the third party mortgage broker requires any additional consents from you, you will provide those consents directly to the third party mortgage broker at your discretion (“your Consent ”). Solely with your express prior consent that you will provide through your acceptance of this Privacy Policy, we will collect any Personal Information that you input or update through your access and use of the Services. (v) if you are an agent and have received a pre-paid branded app from your brokerage or network, upon request, we may disclose certain statistics about your usage such as the number of downloads you’ve received, reports, scenarios created, and no personal identifiable details of your clients. 

Your Personal Information is shared between your Agent, and Bendigi for the purposes of processing and evaluating your Mortgage Application or a Real estate Transaction. When you share your Personal Information with an Agent for this purpose, your Personal Information will be subject to Broker’s privacy policy and business practices. If you have installed an agent’s branded Canadian Mortgage App and have created a profile, your contact information, such as name, email and phone number, will also be available to the agent whose branded app you are using. Agents will have access to view who is using their app, the date of their last activity and the various mortgage details and scenarios that were calculated or saved by logging securely into their branded mobile app as an administrator or accessing an admin dashboard. Certain features on the Canadian Mortgage App allow agents to create a summary report and generate a shareable report URL. Agents will receive notifications when visitors view the unique report URL or attempt to download a PDF version. Bendigi has no control over and is not responsible for, agents attempting to contact you if you are using their personalized and branded mobile app.

Bendigi may share your Personal Information in response to valid judicial or other government subpoenas, warrants or court orders or other legal processes in accordance with applicable laws or if Bendigi believes in good faith that such disclosure is necessary to prevent or take action regarding illegal or suspected illegal activity or to protect the rights or safety of Bendigi or any of Bendigi’s Users, or other third parties. Bendigi will use all reasonable efforts to provide you with written notice of any disclosure of your Personal Information under this paragraph.

Bendigi has no control over and is not responsible for, the privacy of your User Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

Marketing Communications.

Bendigi respects your privacy and is compliant with the Canadian Anti-Spam Legislation (“CASL”). For marketing emails, we collect your expressed consent (opt-in) before emailing you about our products, services, promotions and events. By consenting to receive email marketing communications, you are subscribed to our MailChimp email list and your account is tagged according to your preferences selected on the app. Of course, you may unsubscribe (opt-out) anytime from receiving such marketing communications by clicking on the unsubscribe link at the bottom of the emails messages sent to you. After unsubscribing from our email marketing list hosted on MailChimp, you will receive an unsubscribe confirmation email. We may still email you account-based information relating to your account. These account-based email notifications include and are not limited to security notifications, username changes/password resets or status to your mortgage application.

How Bendigi Uses Anonymous and De-identified Information.

You further acknowledge and agree that Bendigi will: (i) use your User Content, solely on an anonymous and de-identified basis and aggregated with other Users’ information, for the compilation and analysis of trends, statistics and other information without any link or identifiable reference to you or your User Content; and (ii) share its analyses with its business partners and third party advertisers and customers (collectively, “Bendigi Content Usage ”). For the avoidance of any doubt, your User Content will never be distributed to or shared with anyone other than a Broker in a format that could identify you. If you would like to withdraw your Consent to Bendigi Content Usage, please contact us at the address below in “Contacting Bendigi Regarding our Privacy Policy and Practices.” Bendigi will process your withdrawal letter within a commercially reasonable period of time following Bendigi’s receipt thereof; thereafter, going forward, any and all of your User Content that is submitted or input into the App will not be subject to Bendigi Content Usage. For clarity, any Content Usage obtained by Bendigi prior to your withdrawal shall remain subject to the Bendigi Content Usage. At your option, you may continue to use the App, subject to and in accordance with all other terms herein.

How Bendigi Protects Your Information.

Bendigi takes commercially reasonable steps to protect your Personal Information from unauthorized access, use, disclosure or loss. The Site and the App have reasonable security measures (including online and off-line physical, electronic and managerial safeguards) in place to protect against the loss, misuse and alteration of the Personal Information under Bendigi’s control. In certain areas, Personal Information is maintained on a secured database accessible only by Bendigi personnel. Bendigi uses industry-standard encryption technologies to protect Personal Information submitted by you through the Site and the App. However, as with any transmission over the Internet, there is always some element of risk in submitting Personal Information online and Bendigi will not be liable for any breach of data security caused by circumstances outside its control, including unauthorized network intrusions.

Children and Minors.

Children under the age of 13 cannot register as Users or otherwise use the App. Bendigi does not knowingly collect Personal Information from children under the age of majority in the province or territory of their residence. If Bendigi learns that it has collected Personal Information of a child under the age of majority in their province or territory of residence, Bendigi will delete that Personal Information from the Platform. Bendigi encourages parents and guardians to go online with their children.

Cookies; Do Not Track.

You agree that Bendigi may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Bendigi may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. We use analytical tools that use first-party cookies to track visitor interactions. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page or App. Apps do not share first-party cookies across domains. Every computer and device connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, region and city from which a computer is connecting to the Internet. The analytical tools collect the IP address of website or App visitors in order to provide Bendigi with a sense of where in the world their visitors come from. This method is known as IP geolocation.

Some Web browsers offer a “Do Not Track” (“DNT”) signal, which is an HTTP header field indicating the User’s preference regarding tracking or cross-site user tracking. Because there is not yet a common understanding of how to interpret DNT signals, Bendigi does not currently respond to DNT signals, if any, that Bendigi may receive from any browsers. Bendigi takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology.

How to Access or Correct your Personal Information.

You will always have access to your User Content, including all your Personal Information, on the App and may amend it at any time to ensure its accuracy and completeness. You may also submit a request to correct, access or update your Personal Information by contacting us at the address below.

Contacting Bendigi Regarding our Privacy Policy and Practices.

Bendigi is firmly committed to protecting your privacy and has designated a Privacy Officer to ensure compliance with this Privacy Policy. Bendigi is accountable and responsible for all your User Content, including your Mortgage Application information and your Personal Information in its possession or control. To the fullest extent applicable to Bendigi and its Services, our privacy and data security practices comply with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Canadian provincial privacy legislation.

If you have any questions about the security on the App or Bendigi’s website, please contact Bendigi’s Privacy Officer as set forth below. Bendigi’s Privacy Officer will investigate all complaints concerning Bendigi’s compliance with its Privacy Policy and will take appropriate measures to resolve any complaint. The User involved will be informed of the outcome of the investigation regarding his or her complaint. On any User’s request, Bendigi will provide further information about its complaint process. The Privacy Officer reserves the right to seek external advice, as and when appropriate, before responding to any User complaint.

You may submit a request to correct, access, or update your Personal Information, as well as concerns regarding Bendigi’s Privacy Policy or related privacy practices to Bendigi’s Privacy Officer at the address below. Bendigi strives to expeditiously respond to all reasonable concerns and inquiries.

Mailing address: Attn: Privacy Officer, Bendigi Technologies Inc. 4773 Yonge Street, Suite# 4L Toronto, ON, M2N 0G4 Canada 1-844-BEN-DIGI (1-844-236-3444) (phone) Email address: contact@bendigi.com