These SMS and Messaging Terms (these “Messaging Terms”) explain how Metuka, Inc. (“Metuka,” “we,” “us,” or “our”) sends and receives text messages, what you are agreeing to when you opt in, and how to stop messages at any time. They apply to every text message we send or receive, whether it is delivered over SMS, RCS, or iMessage. Reply STOP to any message to stop receiving texts, and reply HELP or email support@metuka.ai for help. Please note: Section 15 contains a binding individual arbitration provision, a class action waiver, and a jury trial waiver, along with instructions for opting out of arbitration.
1. About these Messaging Terms
Metuka provides software to independent mortgage brokers and licensed loan officers (each, your “Mortgage Professional”). When you receive a text through Metuka, it is sent on behalf of your Mortgage Professional in connection with your mortgage loan file or your role in a transaction (for example, as a borrower or a real estate agent).
You agree to these Messaging Terms in one of two ways: by providing your mobile number through a disclosure that presents these Messaging Terms (for example, a checkbox or signature on a loan application or intake form), or by replying YES, or with another affirmative response, to an opt-in message that links to these Messaging Terms. We keep a record of your consent, including the date and time, the disclosure you were shown, and the channel you used. These Messaging Terms incorporate our Privacy Policy and, where you have provided it, your Consent to Electronic Communications.
2. What the messaging program is
Texts sent through Metuka relate to your mortgage loan file or your role in a transaction. Depending on your role, messages may include loan status updates, requests for documents your loan file needs, reminders about outstanding underwriting conditions, scheduling and closing coordination, and answers to questions you ask by text. Messages are sent on behalf of your Mortgage Professional and identify who they are from.
Metuka, Inc. is a software company. It is not a lender, mortgage broker, mortgage banker, or loan officer, is not licensed under the SAFE Act, and performs no licensed mortgage activities. See Section 13 below and our Licensing and Disclosures page.
3. Messages come from an AI assistant, openly
Messages sent through the Service are drafted and sent by Metuka, an AI assistant, working under the supervision of your licensed Mortgage Professional. Metuka identifies itself as an AI assistant and never pretends to be a human. If you ask whether you are talking to an AI, it will tell you.
Metuka handles administrative work only. Every licensed act on your loan, including pricing or locking a rate, approving or denying an application, and issuing legal disclosures, is performed by a licensed human professional, and we run an automated compliance check on every outbound message before it is sent. You can ask for your Mortgage Professional at any time; Metuka will pass your request along promptly, and your Mortgage Professional will follow up with you directly.
4. Consent: how you opt in
There are two kinds of messages, with separate consent for each.
- Loan and transaction messages (informational). When you provide your mobile number to your Mortgage Professional in connection with your loan or transaction through a disclosure that presents these Messaging Terms (for example, on an application or intake form), or when you reply affirmatively to an opt-in message as described below, you agree to receive informational text messages about that loan or transaction at that number, including messages sent using automated technology and drafted with the assistance of AI.
- Marketing messages. We send marketing or promotional texts only with your prior express written consent, captured separately through a clear and conspicuous disclosure at the point of sign-up that identifies your Mortgage Professional as the party on whose behalf marketing texts will be sent, and that states the texts may be sent using automated technology and drafted with the assistance of AI. Marketing texts are sent on behalf of, and identify, your Mortgage Professional. Consent to marketing texts is never a condition of obtaining a loan, receiving service from your Mortgage Professional, or purchasing anything.
You represent that you are the subscriber or current customary user of the mobile number you provide, and you agree to notify us or your Mortgage Professional promptly if you release or change that number. Before we send the first message to a number, we check it against the Federal Communications Commission’s Reassigned Numbers Database.
If you did not provide your number directly (for example, if you are a real estate agent whose number appears in a purchase contract or another transaction record), the first message you receive will identify your Mortgage Professional, explain why you are receiving the message, link to these Messaging Terms, and ask whether you want to receive texts about the transaction. If you do not reply, or if you reply STOP, you will receive no further texts; any other reply is treated as your agreement to receive them.
Consent to one kind of message is not consent to the other. Your opt-in and consent records are used to run this messaging program and are not shared with or sold to third parties for their own marketing purposes.
5. Eligibility
This messaging program is intended for individuals who are at least 18 years old (or the age of majority where you live) and who are the subscriber or customary user of the mobile number provided. Do not opt in on behalf of someone else.
6. Message frequency
Message frequency varies. It depends on where your loan is in the process and how often you write to us. Busy stretches (for example, the days before closing) will naturally involve more messages.
7. Message and data rates
Message and data rates may apply. Your mobile carrier’s standard messaging and data charges apply to messages you send and receive, according to your plan. Metuka does not charge you to send or receive texts.
8. How to opt out, any time, any reasonable way
You can stop text messages at any time. Reply STOP to any message. We also honor any other reasonable way of telling us to stop, including replies such as “stop,” “cancel,” “end,” “quit,” “unsubscribe,” “revoke,” or “opt out,” ordinary phrases that make your intent clear, an email to support@metuka.ai, or a request made directly to your Mortgage Professional.
- We process opt-outs promptly, and in all cases within the maximum period allowed by law (currently no more than ten business days under FCC rules). Our systems are built to honor opt-out keywords automatically, before any AI processing of your message.
- After you opt out, we may send you one final message confirming your opt-out. After that, you will receive no further texts unless you opt back in.
- A later opt-out always overrides an earlier consent. Unless you tell us otherwise, we treat an opt-out as applying to all text messages we send you.
- Opting out of texts does not stop your loan. Your Mortgage Professional remains responsible for your file and will reach you through other channels, such as email or phone, for anything your loan requires.
9. Help
Reply HELP to any message for assistance, or email support@metuka.ai. You can also contact your Mortgage Professional directly with any question about your loan.
10. Channels, carriers, and delivery
Messages may be delivered over SMS, RCS, or iMessage, depending on your device, carrier, and settings, and are transmitted through wireless carriers and third party communications infrastructure providers. These Messaging Terms, including your opt-out rights, quiet hours, and the HELP keyword, apply the same way on every channel.
The program is supported on major United States carriers; supported carriers may change. Carriers and communications infrastructure providers are not liable for delayed or undelivered messages. Delivery depends on networks and factors outside our control, so we cannot promise that any message will be delivered, or delivered at a particular time, and you should not rely on text messaging alone for time-critical matters. We may change, suspend, or end the messaging program, or change supported channels and carriers, at any time; your consent and opt-out choices carry over to any replacement channel.
11. Quiet hours
We do not send messages before 8 a.m. or after 9 p.m. in your local time zone, or outside any narrower window required by the law of your state, except replies in a conversation you started during those hours or messages you specifically ask us to send then. For marketing messages, we apply an 8 p.m. cutoff where state law requires it. We determine your local time zone reasonably from the information we have about you; if we cannot determine your location, we apply the most restrictive plausible window based on your area code and the other information available to us.
12. Sensitive information and message content
Text messaging is convenient, but it is not a vault. We design the program so that sensitive loan information stays out of message bodies:
- Our systems are designed to keep full Social Security numbers and full financial account numbers out of the bodies of text messages.
- Documents and sensitive loan details are shared through secure links rather than pasted into the message itself.
- Please do the same: do not text your full Social Security number, full account numbers, or images of sensitive documents. When we need a document, we will send you a secure way to provide it.
Information you exchange with us is protected as described in our Privacy Policy, including encryption in transit and at rest.
13. Not a lender; no loan decisions by text
Nothing in any text message is a loan approval, a commitment to lend, an offer to extend credit, a rate quote, or a rate lock. Rate and pricing information is provided only by your Mortgage Professional. Metuka, Inc. performs no licensed mortgage activities. Every licensed act on your loan is performed by your Mortgage Professional, a licensed human professional who is the responsible party of record, and underwriting decisions are made by the wholesale lender. Your Mortgage Professional is identified in every message, and you can verify licensing through NMLS Consumer Access. Equal Housing Opportunity. See Licensing and Disclosures.
14. Privacy
Our Privacy Policy describes what information we handle and how we protect it. In short: we process your information as a service provider to your Mortgage Professional, which is a financial institution under the Gramm-Leach-Bliley Act; we do not sell your personal information; and we do not use your nonpublic personal information to train AI models. For privacy questions or rights requests, contact privacy@metuka.ai.
15. Disputes: governing law, arbitration, and class action waiver
This section applies to any dispute between you and Metuka arising out of or relating to these Messaging Terms or the messaging program. Please read it carefully: it requires individual arbitration of most disputes, waives class actions and jury trials, and explains how to opt out.
Governing law
These Messaging Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the arbitration provision below.
Talk to us first
Before starting an arbitration or any other proceeding, you agree to send a written description of the dispute, including your name, your mobile number, and the outcome you want, to legal@metuka.ai, and we agree to send the same to you, so both sides can try to resolve the dispute informally. If the dispute is not resolved within 30 days after the notice is received, either party may begin arbitration.
Binding individual arbitration
Except as described under “Carve-outs” below, any dispute between you and Metuka will be resolved by binding arbitration before a single arbitrator, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules. The seat of arbitration is Maricopa County, Arizona; hearings may be conducted by videoconference or, where the AAA’s rules provide, at a location reasonably convenient to you. The arbitrator’s award is final and binding and may be entered as a judgment in any court with jurisdiction.
Carve-outs
Either party may bring an individual claim in small claims court instead of arbitration. And to the extent the law does not allow a claim for public injunctive relief to be waived or arbitrated, that claim may be pursued in court while all other claims proceed in arbitration.
Class action and jury trial waiver
YOU AND METUKA EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND YOU AND METUKA EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If a court finds this waiver unenforceable as to a particular claim, that claim, and only that claim, will proceed in court, and the remaining claims will stay in arbitration.
Your right to opt out
You may opt out of this arbitration provision and the class action waiver within 30 days after you first agree to these Messaging Terms by emailing legal@metuka.ai with your name, your mobile number, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Messaging Terms.
Courts
For any dispute that is not subject to arbitration, other than a small claims matter, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and each party consents to venue there.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, METUKA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MESSAGING PROGRAM, AND METUKA’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE MESSAGING PROGRAM WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100).
These limitations do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud. Some states, including New Jersey, do not allow certain limitations of liability; those limitations apply to you only to the extent permitted by the law of your state, and nothing in these Messaging Terms limits any right you have that the law does not allow to be limited.
17. Severability
If any provision of these Messaging Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will stay in full effect. The class action and jury trial waiver in Section 15 has its own severability rule, which controls for that waiver.
18. Changes to these Messaging Terms
We may update these Messaging Terms from time to time. When we do, we will post the updated version at this page and revise the effective date above. If a change is material, we will notify you by text message or email before it takes effect, in addition to posting it here. A change never expands the messages you have consented to receive; new categories of messages require new consent. Continuing to exchange messages with us after a non-material change takes effect means you accept the updated terms. If you do not agree to a change, reply STOP to stop receiving messages.
19. Contact
Questions about messaging: reply HELP to any message or email support@metuka.ai. Privacy questions and rights requests: privacy@metuka.ai. Legal notices, pre-dispute notices, and arbitration opt-outs: legal@metuka.ai, addressed to Metuka, Inc. These Messaging Terms supplement our Terms of Service for Customers under our Terms of Service (that is, your Mortgage Professional), and for those Customers the Terms of Service govern any conflict between the two. If you receive messages as a borrower, real estate agent, or other transaction participant, these Messaging Terms and our Privacy Policy are the agreement between you and Metuka for this messaging program.