This Consent to Electronic Communications (this “Consent”) explains how Metuka, Inc. (“Metuka,” “we,” “us,” or “our”) delivers communications and records to you electronically, what you need in order to receive them, and the rights you have under the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”) and applicable state electronic transactions laws, including your right to withdraw this Consent and your right to paper copies. Please read this Consent carefully and keep a copy for your records.
1. About this Consent and Who We Are
Metuka is software. We provide an AI assistant, Metuka, to independent mortgage brokers and licensed loan officers (our “Customers”). Metuka performs administrative work on a Customer’s behalf, such as tracking loan status, organizing documents, and drafting and sending routine communications. Metuka is disclosed as an AI assistant and never pretends to be a human. Metuka, Inc. is not a lender, mortgage broker, mortgage banker, or loan officer, is not licensed under the SAFE Act, and performs no licensed mortgage activities. Every licensed act, including pricing and locking rates, approving or denying applicants, and issuing legal disclosures, is performed by a licensed human professional who is the responsible party of record, and underwriting decisions are made by the wholesale lender. Nothing delivered under this Consent is a commitment to lend, a loan approval, or an offer to extend credit. For licensing information, see our Licensing and Disclosures page.
In this Consent, your “Mortgage Professional” means the licensed mortgage broker or loan officer whose client you are or with whom you work in a transaction; your Mortgage Professional is our Customer. This Consent applies to you if you receive communications through the Metuka service, whether you are:
- a Customer (a mortgage broker or loan officer with a Metuka account); or
- a client of a Customer, such as a borrower, loan applicant, or real estate agent, to whom communications are delivered through the Metuka service on your Mortgage Professional’s behalf. If that describes you, your loan relationship is with your Mortgage Professional and the lender, not with Metuka.
This Consent applies to your ongoing relationship with the Metuka service, not just a single transaction or a single loan file. It remains in effect until you withdraw it as described in Section 6. You have the right to receive any record on paper or in non-electronic form, and the right to withdraw this Consent at any time (see Sections 6 and 7).
2. Communications Covered by this Consent
By giving this Consent, you agree that we, or your Mortgage Professional acting through the Metuka service, may deliver the following to you electronically instead of on paper (together, the “Communications”):
- loan status updates and progress notifications, including the Arizona AAR Loan Status Update form when your Mortgage Professional directs us to deliver it;
- requests for documents or information relating to your loan file, and confirmations that documents were received;
- reminders and notifications about underwriting conditions, deadlines, appointments, and loan milestones;
- responses to questions you ask through chat, email, or text messaging;
- notices about your Metuka account and the service, including receipts, confirmations, and security notices, if you are a Customer; and
- legal and administrative notices relating to the service, including updates to this Consent, our Terms of Service, our Privacy Policy, and our SMS and Messaging Terms.
We may deliver Communications through any of the following channels, alone or in combination:
- email sent to the email address on file for you;
- text messages sent to the mobile number on file for you, which may be delivered over SMS, RCS, or iMessage through third party communications infrastructure providers and carriers;
- the Metuka web dashboard and its embedded chat, including messages, notifications, and documents posted there; and
- electronic files attached to or linked from any of the above, such as PDF documents.
A Communication is considered delivered to you when it is sent to the email address or mobile number on file for you, or when it is made available to you in the dashboard, unless we receive notice that it could not be delivered. If we learn that a Communication could not be delivered, for example because an email bounced or a carrier reported a delivery failure, we will make reasonable attempts to reach you at another address or number on file for you, or through your Mortgage Professional, before treating the Communication as delivered. This is one reason it is important to keep your contact information current (see Section 8). Text messaging is also governed by our SMS and Messaging Terms, including how consent to receive texts is captured and how you can opt out. Message and data rates may apply to text messages.
3. Communications Not Covered
Certain records relating to a mortgage loan are required by law to be prepared and delivered by a licensed professional or by the lender. These include, for example, the Loan Estimate, the Closing Disclosure, adverse action notices, and other federally or state mandated loan disclosures. Those records are prepared and delivered by your Mortgage Professional or the lender under their own procedures, and if they deliver them electronically they must obtain any legally required consent from you separately. This Consent covers Communications delivered through the Metuka service; it does not replace, and is not a substitute for, any consent your Mortgage Professional or the lender is required to obtain from you. This Consent also does not apply to any record that applicable law requires to be provided to you only on paper. In particular, notices of default, acceleration, repossession, foreclosure, or eviction, notices of the right to cure, and any other record that federal or state law excludes from electronic delivery are never delivered electronically under this Consent.
4. Hardware and Software Requirements
To receive, open, and keep the Communications, you will need all of the following:
- a reliable connection to the internet;
- a current version of a widely supported web browser, such as Chrome, Safari, Edge, or Firefox;
- a device (computer, tablet, or smartphone) with a valid email address that you check regularly;
- if you receive Communications by text, a mobile phone and service plan capable of receiving text messages;
- software that can open and display PDF documents; and
- sufficient storage space to save copies of the Communications, or access to a printer to print them.
By giving this Consent through one of the affirmative steps described in Section 5, you confirm that you have access to the hardware and software described above and that you are able to receive and review electronic records. If we materially change these requirements in a way that creates a material risk that you will no longer be able to access or keep the Communications, we will notify you as described in Section 10.
5. How You Give Consent
We will present this Consent to you, or send you a link to it, before asking you to agree. You give this Consent only by taking an affirmative step after this Consent has been presented to you, in one of the following ways:
- by checking a box, clicking a button, or taking a similar affirmative step where this Consent is presented to you, for example during account signup or when your Mortgage Professional introduces you to the service; or
- by replying YES, or with words to the same effect, to an email or text message that presents this Consent, or a link to it, and asks for your agreement.
Providing your contact information, or receiving a message, is not by itself consent. Once you have given this Consent through one of the affirmative steps above, your continued receipt of and engagement with Communications is evidence that your Consent remains in effect; it is not a substitute for the affirmative step itself. We keep a record of when and how you consented.
Consent you give electronically demonstrates that you can access Communications in the channel and format you used to consent. For example, consenting by reply text demonstrates that you can receive text messages at that number; it does not by itself demonstrate that you can open email, PDF attachments, or the dashboard. Before we rely on a channel or format other than the one you used to consent, we or your Mortgage Professional will confirm that you can access it, for example by asking you to confirm receipt at the relevant email address or to open a sample document.
You are not required to give this Consent, and consenting to electronic delivery is voluntary. Your decision whether to consent has no effect on your loan application, its terms, or any credit decision, all of which are made by your Mortgage Professional and the lender. If you do not consent, you can work with your Mortgage Professional on paper or through other non-electronic channels, although some features of the Metuka service depend on electronic delivery and may not be available to you.
6. Your Right to Withdraw Consent
You may withdraw this Consent at any time, at no charge, in any reasonable manner, including by:
- emailing us at privacy@metuka.ai and telling us you want to stop receiving Communications electronically;
- telling your Mortgage Professional, who will relay your request to us;
- if you are a Customer, submitting the request through your account dashboard; or
- replying STOP to any text you receive through the service, which withdraws your consent to receive texts at that number. You may receive one final message confirming your opt-out.
We honor a clear withdrawal across every channel it reasonably covers. If the scope of your request is unclear, we may send you one message asking you to clarify which channels you want to stop; if you do not respond, we will treat your request as applying to all channels. Text opt-outs are honored promptly, and in any event within the period required by law; other withdrawals become effective within a reasonable time after we receive them.
We do not charge any fee for withdrawing consent. Withdrawal is prospective only: it does not affect the legal effectiveness, validity, or enforceability of Communications delivered electronically before the withdrawal took effect. The consequences of withdrawing are described in the next paragraph.
If you withdraw this Consent, any record that we are required to provide to you will be provided on paper or by another non-electronic means, and your Mortgage Professional remains responsible for delivering the records it is required to provide under its own procedures. Please understand the consequences before you withdraw: the Metuka service is built around electronic delivery, so withdrawing may mean that some or all features of the service are no longer available to you, that updates about your loan file reach you more slowly, and, if you are a Customer, that you may be unable to continue using parts of the service.
7. Your Right to Paper Copies
You may request a paper copy of any Communication we have delivered to you electronically, in any reasonable manner. You can email privacy@metuka.ai and identify the Communication you want, or tell your Mortgage Professional, who will relay the request to us. We will provide the paper copy at no charge, within a reasonable time after your request. Requesting a paper copy does not withdraw this Consent; electronic delivery continues unless you withdraw as described in Section 6. For records prepared and held by your Mortgage Professional or the lender, such as legally required loan disclosures, please request copies from them directly.
8. Keeping Your Contact Information Current
Because Communications are delivered to the email address and mobile number on file for you, you must keep that information accurate and current. If your email address or mobile number changes, promptly:
- update it in your account dashboard, if you are a Customer;
- email privacy@metuka.ai with your updated information; or
- tell your Mortgage Professional, who can update your contact information in the service.
If a Communication is sent to the address or number on file for you and is not received because that information was out of date, you may miss time-sensitive updates about your loan file.
9. Keep Copies for Your Records
We encourage you to download, save, or print each Communication that is important to you at the time you receive it, especially anything relating to your loan file. Communications delivered by email or text remain subject to the retention practices of your email provider, device, and carrier, and access to the dashboard depends on your or your Mortgage Professional’s continued relationship with the service. We retain records as required by applicable law and our Privacy Policy, but you should not rely on the service as your only archive.
10. Changes to this Consent
We may update this Consent from time to time. When we do, we will post the updated version at this page with a new effective date, and, for material changes, we will notify you by one of the delivery channels described in Section 2 before the change takes effect. If you do not agree to a change, you may withdraw this Consent as described in Section 6, at no charge, before the change takes effect. Your continued receipt of Communications after the effective date of a change constitutes your acceptance of the updated Consent. If we materially change the hardware or software requirements in Section 4 in a way that creates a material risk that you will no longer be able to access or retain the Communications, we will (a) notify you of the revised requirements, (b) remind you of your right to withdraw this Consent without any fee or condition, and (c) ask you to confirm your consent again in a way that reasonably demonstrates you can access Communications under the revised requirements.
11. Related Documents
This Consent works together with the following documents, each of which applies as described in it:
- our Terms of Service, which govern Customer accounts and use of the service;
- our Privacy Policy, which describes how we handle personal information;
- our SMS and Messaging Terms, which govern text messaging, including opt-in, opt-out, HELP support, and quiet hours; and
- our Licensing and Disclosures page, which identifies the supervising licensed professional, links to NMLS Consumer Access, and includes our Equal Housing Opportunity statement.
12. Responsibility, Governing Law, and Dispute Resolution
The content of loan-related Communications originates with, and is the responsibility of, your Mortgage Professional. Metuka delivers those Communications as a service provider acting on your Mortgage Professional’s behalf.
This Consent is governed by the laws of the State of Arizona, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Consent that we cannot resolve informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, seated in Maricopa County, Arizona. This arbitration provision does not apply to individual claims within the jurisdiction of a small claims court or to claims for public injunctive relief, and it does not limit your right to withdraw this Consent or to raise a concern with any regulator. You may opt out of this arbitration provision by emailing legal@metuka.ai within 30 days after you first give this Consent; opting out does not affect any other part of this Consent.
If any part of this Consent is found unenforceable, the rest of this Consent remains in full effect.
13. Contact Us
Questions about this Consent: email legal@metuka.ai. Withdrawal of consent, paper copy requests, and contact information updates: email privacy@metuka.ai, tell your Mortgage Professional, who will relay your request to us, or, if you are a Customer, use your account dashboard. General support, including help with text messaging: email support@metuka.ai or reply HELP to any text you receive through the service.
You give this Consent as described in Section 5, by taking an affirmative step after this Consent has been presented to you. When you do, you acknowledge that you have read this Consent, that you can access and retain electronic records as described in Sections 4 and 5, and that you agree to receive the Communications electronically.