Terms of Service

1.Acceptance of These Terms

These Terms of Service (the "Terms") are a binding agreement between Focus DSCR, Inc. ("Focus DSCR," "we," "us," or "our") and each person or entity that accesses or uses www.focusdscr.com, any subdomains, online application portals, forms, content, tools, chatbot, communications features, or related online services that link to these Terms (collectively, the "Services").

By accessing or using the Services, submitting information through the Services, clicking "I accept," or otherwise indicating assent, you agree to these Terms. If you use the Services on behalf of a company, trust, fund, partnership, limited liability company, or other entity, you represent that you have authority to bind that entity and all users acting through your account or submission. If you do not agree, do not use the Services.

2.Our Services and Business-Purpose Lending

Focus DSCR provides information, intake, application-support, referral, brokerage, lending, correspondent, wholesale, white-label, table-funded, servicing-related, and related services for real-estate investment financing, including debt service coverage ratio loans and related business-purpose products. Unless we expressly state otherwise in final signed loan documents, information on the Services is for general informational and application-support purposes only and does not create a loan commitment, rate lock, approval, or obligation to lend.

The Services are intended for business-purpose, commercial, and investment-property transactions. They are not intended for consumer-purpose credit, owner-occupied residential mortgage loans, primary-residence financing, first-time homebuyer programs, or personal, family, or household purposes. A "Business-Purpose Loan" means a loan obtained for business, commercial, or investment purposes, not for personal, family, or household purposes, and secured by property that is not occupied by the borrower or any borrower-related party as a primary residence.

Any loan, product, service, rate, fee, term, condition, underwriting criterion, closing requirement, or program described through the Services is subject to change without notice, underwriting review, investor requirements, market conditions, property eligibility, due diligence, third-party review, final loan documents, and applicable law.

3.Eligibility; United States Use; Void Where Prohibited

You may use the Services only if you are at least 18 years old and are located in the United States. The Services are offered only where Focus DSCR, its affiliates, or applicable third-party providers are licensed, exempt, authorized, or otherwise permitted to offer the relevant product or service. The availability of any loan product or service may vary by state, property type, borrower type, experience, licensing requirements, investor guidelines, and other factors.

The Services are not a solicitation, advertisement, or offer for any loan or related service in any jurisdiction where such solicitation, advertisement, or offer would be unlawful. Any feature, product, or service is void where prohibited.

4.No Loan Commitment; Underwriting; Application Review

Submitting an inquiry, prequalification request, application package, document, payment, appraisal request, or other information does not guarantee approval, closing, funding, specific terms, a turnaround time, or any obligation by Focus DSCR or any affiliate, investor, lender, broker, correspondent, wholesale lender, settlement service provider, or other third party.

We may accept, reject, suspend, withdraw, decline, condition, re-underwrite, reverify, or stop processing any inquiry, application, transaction, or loan file at any time to the maximum extent permitted by applicable law. Reasons may include underwriting, investor or funding-source requirements, property condition, appraisal or valuation results, title, insurance, licensing, fraud prevention, identity verification, sanctions screening, incomplete documentation, adverse information, market changes, or other business, legal, compliance, or risk considerations.

Final loan approval, if any, is subject to executed definitive loan documents and satisfaction of all conditions. The final written loan documents, not general website content or preliminary communications, govern any approved loan.

5.Applicant and Borrower Responsibilities

You are responsible for the accuracy, completeness, authenticity, timeliness, and lawfulness of all information, authorizations, representations, documents, signatures, payment instructions, and communications you provide or cause to be provided. You agree to promptly notify us of any material change affecting your application, property, ownership, entity status, experience, income, assets, credit, litigation, title, insurance, occupancy, lease status, intended use, or ability to close.

You are solely responsible for negotiating and complying with any purchase agreement, financing contingency, inspection period, due diligence period, earnest-money obligation, extension, closing date, seller requirement, contractor obligation, lease, property-management arrangement, or other third-party agreement. You should not rely on any anticipated financing unless and until all financing conditions are satisfied and final loan documents are executed. Focus DSCR is not responsible for properties falling out of contract, lost deposits, extension fees, inspection costs, rate changes, opportunity costs, or other losses arising from contract timing or transaction contingencies.

6.Fees; Appraisals; Third-Party Costs; Refunds

Access to the public portions of the Services is currently free. Certain application, appraisal, credit, background, identity-verification, title, insurance, underwriting, due diligence, technology, processing, or other third-party costs may be required in connection with a proposed transaction. Amounts may be collected by Focus DSCR, an affiliate, or a third-party provider.

Unless expressly stated in writing or required by applicable law, appraisal fees, credit-report fees, background-check fees, due-diligence fees, and other third-party costs are non-refundable once ordered, incurred, or paid, even if a loan is declined, withdrawn, delayed, repriced, conditioned, not closed, or otherwise not funded. If you initiate a chargeback or payment dispute for fees that were properly incurred or disclosed, you agree to reimburse all costs of collection to the maximum extent permitted by law, including reasonable attorneys fees and third-party recovery costs.

All payments must be made in U.S. dollars. If we use a third-party payment processor, your payment information is also subject to that processor's terms and privacy practices. We are not responsible for a third-party processor's acts, omissions, security incidents, or processing errors, except to the extent required by law.

7.Property Eligibility; Condition; Investor Guidelines

Not every property, borrower, guarantor, entity, or transaction qualifies for a Focus DSCR product or any third-party program. Properties may be ineligible due to condition, occupancy, value, use, zoning, location, rural or declining-market status, title issues, insurance, environmental concerns, short-term-rental restrictions, homeowners-association restrictions, appraisal or inspection results, legal nonconformity, repairs, collateral type, lease status, rent assumptions, debt-service-coverage ratio, credit profile, borrower experience, licensing constraints, investor appetite, market conditions, or other underwriting factors.

Guidelines, rates, fees, required reserves, loan-to-value limits, documentation requirements, and minimum qualification standards may change at any time without notice. All transactions are subject to full underwriting, due diligence, compliance review, and investor or funding-source requirements.

8.Credit, Identity, Asset, and Third-Party Verification

By submitting information or using application-related Services, you authorize Focus DSCR, its affiliates, service providers, lenders, investors, brokers, settlement providers, and other parties involved in evaluating or processing your transaction to obtain and use credit reports, background information, fraud-prevention data, sanctions-screening information, bank or asset-verification data, business-verification data, tax and income information, entity documentation, property information, appraisal and valuation data, and other information reasonably related to your request or transaction, to the extent permitted by applicable law and your specific authorizations.

You understand that third-party verification services are independent providers. You are responsible for information you submit to them, and their services may be governed by separate terms, consents, and privacy notices.

9.Electronic Records; E-Sign Consent

By using the Services or clicking to accept these Terms, you consent to transact electronically with Focus DSCR and receive electronic records, disclosures, notices, authorizations, agreements, communications, and other information related to the Services or any transaction, to the extent permitted by law. You agree that electronic signatures, clickwrap acceptance, checkboxes, acknowledgments, records, and communications may have the same legal effect as paper records and handwritten signatures.

You may request paper copies or withdraw electronic-consent where required or permitted by law by contacting us at info@focusdscr.com or 614-362-8701. Withdrawal may affect our ability to provide online Services or process a transaction electronically. To receive electronic records, you must have a device with internet access, a current web browser, the ability to view and save or print PDF or HTML documents, and a valid email address. You agree to keep your contact information current.

10.Communications; Calls; Texts; Marketing

You agree that Focus DSCR, its affiliates, service providers, and parties acting on our behalf may contact you using the contact information you provide, including by email, mail, telephone, text message, ringless voicemail where lawful, push notification, online portal, or other electronic means, for transactional, account, application, servicing, security, fraud-prevention, compliance, customer-support, and marketing purposes.

Marketing communications will be sent only as permitted by applicable law and any consent you provide. You may opt out of marketing emails using the unsubscribe mechanism provided in those emails or by contacting info@focusdscr.com. You may opt out of marketing texts by replying STOP, where available. Opting out of marketing does not prevent transactional or legally required communications. We may record or monitor calls and electronic communications for quality assurance, training, security, evidence of transactions, and compliance, to the extent permitted by law.

11.Privacy

Our collection, use, disclosure, retention, and protection of personal information is described in our Privacy Policy, which should be maintained as a separate website document and is incorporated into these Terms by reference. Because the Services may involve financial, identity, property, credit, entity, and transaction information, you should review the Privacy Policy carefully before submitting information.

Do not submit sensitive personal information through public forms, chatbots, or unsecured channels unless the form or channel specifically requests that information for an application or verification purpose.

12.Chatbot and Artificial-Intelligence Features

The Services may include chatbot, automation, artificial-intelligence, or similar tools. These tools are provided for general informational and intake-support purposes only. They do not provide legal, tax, accounting, appraisal, investment, insurance, credit, underwriting, or financial advice; do not create a loan commitment; do not bind Focus DSCR or any lender; and should not be relied on as a substitute for professional advice or written confirmations from authorized Focus DSCR personnel.

Responses may be inaccurate, incomplete, delayed, outdated, or based on limited context. You are responsible for independently verifying all information and for not entering confidential, sensitive, or regulated information into a chatbot unless we specifically request it through an appropriate application workflow. We may change, suspend, or discontinue chatbot features at any time.

13.Website Content; Blog; Calculators; Educational Materials

Articles, blog posts, videos, guides, rate examples, calculators, DSCR examples, property examples, testimonials, case studies, scenarios, FAQs, and other educational materials are provided for general informational purposes only. They are not legal, tax, accounting, appraisal, investment, insurance, credit, underwriting, or financial advice and do not guarantee eligibility, approval, profitability, valuation, rents, closing, funding, or future performance.

Any examples are illustrative only and may not reflect current rates, fees, requirements, market conditions, or your specific circumstances. Past performance, case studies, or testimonials do not guarantee future results.

14.Affiliated Businesses; Third-Party Providers; No Required Use

Focus DSCR may refer you to, work with, receive services from, share ownership or other business relationships with, or receive compensation from affiliates, lenders, investors, brokers, title companies, appraisal-management companies, insurance providers, technology providers, settlement-service providers, or other third parties. Where applicable law requires a specific affiliated-business disclosure, such disclosure will be provided separately or through the transaction workflow.

Except where a provider is required by a lender, investor, law, or underwriting guideline, you are not required to use a particular third-party provider as a condition of obtaining settlement services or financing. You should compare services, fees, and alternatives and make your own decision. We are not responsible for the acts, omissions, fees, delays, advice, systems, privacy practices, underwriting decisions, closing decisions, or services of independent third parties.

15.Prohibited Conduct

You may not use the Services to: (a) violate any law, regulation, contract, or third-party right; (b) submit false, misleading, fraudulent, forged, altered, incomplete, or unauthorized information; (c) impersonate any person or entity; (d) interfere with, disable, damage, overburden, scrape, crawl, index, reverse engineer, test, or circumvent the Services or any security or access-control feature; (e) upload viruses, malware, harmful code, or automated scripts; (f) harass, threaten, stalk, defame, exploit, or invade the privacy of others; (g) collect or disclose personal information without authorization; (h) use the Services for spam, unlawful marketing, or abusive communications; (i) attempt to gain unauthorized access to accounts, systems, data, or networks; or (j) assist anyone else in doing any of the foregoing.

We may suspend, restrict, or terminate access to the Services, reject submissions, remove content, preserve evidence, and cooperate with law enforcement, regulators, lenders, investors, or service providers if we believe your conduct violates these Terms, applicable law, transaction requirements, or the security or integrity of the Services.

16.Intellectual Property

The Services, including all text, design, graphics, logos, icons, images, videos, software, code, workflows, calculators, forms, compilations, data, interfaces, and other content, are owned by Focus DSCR, its affiliates, licensors, or service providers and are protected by copyright, trademark, trade secret, and other laws. Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, reverse engineer, sell, exploit, or otherwise use the Services or any content without our prior written permission.

Focus DSCR names, logos, trade names, service marks, and related branding may not be used without our prior written permission. All rights not expressly granted are reserved.

17.User Submissions and Feedback

You retain responsibility for information, documents, comments, feedback, questions, and other materials you submit through the Services ("Submissions"). You grant Focus DSCR, its affiliates, service providers, lenders, investors, brokers, settlement providers, and other transaction participants a non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, store, analyze, verify, process, disclose, and create derivative works from your Submissions as reasonably necessary to provide the Services, evaluate transactions, comply with law, prevent fraud, improve operations, and enforce rights.

If you provide suggestions, ideas, or feedback, we may use them without restriction or compensation to you.

18.Third-Party Sites and Services

The Services may link to or integrate with third-party sites, tools, portals, payment processors, verification providers, credit bureaus, lenders, investors, settlement providers, map providers, analytics providers, communication providers, or other services. Third-party services are not controlled by Focus DSCR and may be subject to separate terms and privacy notices. We are not responsible for third-party content, practices, availability, security, errors, fees, delays, or decisions.

19.Disclaimer of Warranties

To the maximum extent permitted by law, the Services and all content are provided "as is" and "as available," without warranties of any kind, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, uninterrupted operation, or error-free operation.

We do not warrant that the Services, content, servers, communications, files, or systems will be accurate, complete, current, secure, uninterrupted, free of defects, free of viruses or harmful components, or that defects will be corrected. You are responsible for evaluating the accuracy, completeness, suitability, and usefulness of all information available through the Services.

20.Limitation of Liability

To the maximum extent permitted by law, Focus DSCR and its past, present, and future affiliates, directors, managers, members, officers, employees, contractors, representatives, agents, successors, assigns, lenders, investors, brokers, service providers, suppliers, and distributors will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages; lost profits; lost revenue; lost opportunity; lost data; loss of goodwill; business interruption; cost of substitute services; lost deposits; contract-extension costs; failed transactions; or damages arising from reliance on the Services, whether based on contract, tort, negligence, strict liability, statute, or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amounts you paid directly to Focus DSCR for use of the Services giving rise to the claim during the six months before the claim arose, or (b) $10,000. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you and will apply only to the maximum extent permitted by law.

21.Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Focus DSCR and its past, present, and future affiliates, directors, managers, members, officers, employees, contractors, representatives, agents, successors, assigns, lenders, investors, brokers, service providers, suppliers, and distributors from and against all claims, demands, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys fees, arising out of or relating to: (a) your use or misuse of the Services; (b) your Submissions; (c) your breach of these Terms; (d) your violation of law or third-party rights; (e) your fraud, misrepresentation, negligence, or willful misconduct; (f) any transaction, property, purchase agreement, borrower entity, guarantor, tenant, contractor, broker, seller, buyer, or third-party dispute involving you; or (g) any chargeback or payment dispute for properly incurred costs.

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

22.Loan Fraud; Misrepresentation; Remedies

Focus DSCR has a zero-tolerance policy for loan fraud, forged documents, false statements, material omissions, straw-buyer activity, undisclosed occupancy, undisclosed liens, altered financial records, manipulated leases, misrepresented rents, undisclosed adverse property conditions, identity misuse, or other misrepresentation. If fraud or misrepresentation is discovered, we may decline or withdraw an application, notify lenders, investors, servicers, insurers, title companies, settlement providers, law enforcement, or regulators, exercise contractual remedies, and pursue all available legal and equitable relief.

Any default, acceleration, repurchase, buyback, indemnity, foreclosure, collection, or similar remedy related to a funded loan will be governed by the applicable definitive loan documents and applicable law.

23.Release

To the maximum extent permitted by law, you release Focus DSCR and its past, present, and future affiliates, directors, managers, members, officers, employees, contractors, representatives, agents, successors, assigns, lenders, investors, brokers, service providers, suppliers, and distributors from claims, demands, liabilities, damages, and losses of every kind and nature, known and unknown, arising out of or relating to: (a) disputes with other users or third parties; (b) third-party sites, products, services, providers, loan products, or loan documents; (c) unauthorized access to or use of data, communications, content, or accounts not caused by our willful misconduct; or (d) your purchase contract, closing timeline, appraisal, title, insurance, repairs, tenant matters, property condition, or investment results.

If you are a California resident, you waive California Civil Code Section 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement with the released party.

24.Governing Law; Venue; Jury Waiver

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Ohio, without regard to conflict-of-law principles that would require the law of another jurisdiction, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Subject to the arbitration agreement below, any court proceeding must be brought exclusively in the state or federal courts located in Franklin County, Ohio, unless applicable law requires a different forum. Each party waives any objection to personal jurisdiction, venue, or inconvenient forum in those courts. To the maximum extent permitted by law, each party waives the right to trial by jury.

25.Arbitration Agreement; Class Action Waiver

Except for disputes that qualify for small claims court, disputes seeking only individualized injunctive relief, disputes involving intellectual-property rights, or disputes that applicable law prohibits from arbitration, you and Focus DSCR agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, communications, Privacy Policy, application activity, or any relationship between you and Focus DSCR will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will be conducted in English in Columbus, Ohio, unless the parties agree otherwise or the arbitrator permits remote proceedings.

The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual claim. You and Focus DSCR agree not to bring or participate in any class action, class arbitration, collective action, private attorney general action, representative action, or consolidated proceeding, except to the extent this waiver is prohibited by law.

You may opt out of this arbitration agreement by sending a signed written notice within 30 days after you first become subject to this arbitration agreement. The notice must state that you opt out of arbitration and must include your name, address, phone number, email address, and any Focus DSCR account, application, or loan number. Send the notice to: Focus DSCR, Inc., Attn: Arbitration Opt-Out, 2121 Bethel Rd., Suite G, Columbus, OH 43220.

If any part of this arbitration agreement is found unenforceable, the unenforceable part will be severed and the remainder will remain in effect, except that if the class-action waiver is found unenforceable as to a claim, that claim must proceed in court and not arbitration.

26.Changes to the Services and Terms; Termination

We may modify, suspend, discontinue, subcontract, or replace any part of the Services at any time. We may also update these Terms from time to time by posting the revised version on the Services or by other notice. Changes are effective when posted unless a later effective date is stated or applicable law requires additional notice or consent. Your continued use of the Services after changes become effective means you accept the revised Terms.

We may suspend or terminate your access to the Services at any time, with or without notice, to the maximum extent permitted by law. You may stop using the Services at any time. Termination of these Terms does not affect obligations that accrued before termination or any loan documents, payment obligations, confidentiality obligations, indemnities, disclaimers, limitations of liability, dispute-resolution terms, or provisions that by their nature should survive.

27.Notices

We may provide notices by email, mail, portal message, website posting, text message, or other lawful means using the contact information you provide. Email notice is deemed given 24 hours after sending unless we receive an automated delivery-failure notice. Mail notice is deemed given three days after mailing. You may provide legal notices to Focus DSCR at 2121 Bethel Rd., Suite G, Columbus, OH 43220, or by email at info@focusdscr.com, unless a specific notice method is required by these Terms or applicable law.

28.California Users

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; by telephone at 916-445-1254 or 800-952-5210; or by TDD at 800-326-2297.

29.Miscellaneous

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, corporate reorganization, affiliate transfer, servicing transfer, investor transfer, or by operation of law. These Terms bind and benefit the parties and their permitted successors and assigns.

The parties are independent contractors, and these Terms do not create a partnership, joint venture, employment, agency, fiduciary, or franchise relationship. These Terms, together with any policies or documents incorporated by reference, are the entire agreement regarding the Services and supersede prior or contemporaneous understandings regarding the Services, except for any separate written loan documents, application consents, privacy notices, disclosures, or transaction-specific agreements. If any provision is unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver.

30.Contact Information

Questions about these Terms may be sent to Focus DSCR, Inc., 2121 Bethel Rd., Suite G, Columbus, OH 43220; email: info@focusdscr.com; phone: 614-362-8701.