Terms of Service
Effective Date: May 12, 2026
1. Agreement to These Terms
These Terms of Service ("Terms") govern access to and use of the oCoRM websites, broker portal, client portal, document automation tools, workflow tools, communications tools, storage integrations, calendar integrations, e-signature workflows, artificial intelligence features, support services, documentation, and related services (collectively, the "Service"). The Service is operated by oCoRM ("oCoRM," "we," "us," or "our").
By creating an account, logging in, connecting an integration, uploading information, inviting a user, sending communications, signing or preparing documents, using an AI-assisted feature, clicking to accept these Terms, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
2. Definitions
"Broker User" means a mortgage broker, brokerage employee, assistant, administrator, processor, or other business user who uses the Service for mortgage, accounting, or financial-document workflows. "Client User" means a borrower, applicant, co-applicant, guarantor, customer, or other individual invited to use the Service. "User" means any Broker User or Client User.
"Customer Data" means User Content, Financial Data, documents, account information, integration data, messages, signatures, templates, prompts, outputs, workflow records, and other information submitted to, stored in, generated by, or processed through the Service. "Financial Data" means sensitive financial, identity, mortgage, accounting, property, income, asset, liability, tax, bank, credit-related, or similar information. "Output" means any automated extraction, classification, summary, draft, mapped field, document packet, form, recommendation, reminder, or generated content created by the Service.
"Third-Party Services" means services, products, platforms, APIs, providers, networks, accounts, software, data sources, and systems not owned or controlled by oCoRM, including Google services, Microsoft services, cloud hosting, email, calendar, storage, AI, payment, security, analytics, communications, and delivery providers.
3. Order of Precedence
If you have a written agreement, order form, data processing addendum, security addendum, or enterprise agreement signed by oCoRM, that signed agreement controls only to the extent it expressly conflicts with these Terms. Any online checkout page, invoice, quote, or plan description controls only for pricing, subscription, and plan details. These Terms control all other matters.
4. Service Purpose and oCoRM's Limited Role
oCoRM provides software for mortgage and financial-document workflows. The Service may help Users request documents, upload files, organize application data, parse documents, prepare draft forms, route files to selected storage locations, send communications, create calendar items, maintain workflow records, and manage related tasks.
oCoRM is a technology provider only. We are not a lender, mortgage brokerage, credit bureau, credit repair organization, financial advisor, tax advisor, law firm, title company, insurer, underwriter, appraisal provider, accounting firm, government agency, fiduciary, agent, partner, joint venturer, employer, or representative of any User. We do not make lending, creditworthiness, eligibility, affordability, tax, legal, compliance, investment, underwriting, insurance, property valuation, or professional decisions.
5. Business Use, Authority, and Client Users
Broker Users use the Service for business and professional purposes. By using the Service for a brokerage, business, corporation, partnership, sole proprietorship, team, or other organization, you represent that you have authority to bind that organization and that organization is responsible for your use of the Service.
Client Users access the Service only because a Broker User or other authorized participant invited them. Client Users should contact the inviting Broker User for questions about the broker's services, application requirements, document requests, lender submissions, application decisions, record retention, or client-facing disclosures. Unless a signed agreement states otherwise, Client Users are not third-party beneficiaries of any agreement between oCoRM and a Broker User.
6. Accounts, Administrators, and Credentials
You must be at least 18 years old and legally capable of entering into these Terms. You must provide accurate information and keep it current. You are responsible for all activity under your account, including activity by team members, assistants, invited users, agents, contractors, and anyone who gains access through your credentials, devices, connected accounts, or configuration choices.
Administrators and Broker Users are responsible for assigning roles, limiting access, reviewing permissions, removing departed users, managing assistants, monitoring account activity, and ensuring that each person who uses the Service has a legitimate need and authority to access the relevant Customer Data.
You must protect credentials, devices, browser sessions, connected accounts, API keys, email accounts, storage accounts, calendar accounts, and recovery methods. You must promptly notify us of any suspected compromise, unauthorized access, credential theft, account misuse, data incident, or unauthorized disclosure.
7. Broker User Compliance Obligations
Broker Users are solely responsible for all laws, regulations, industry rules, professional standards, lender requirements, contractual obligations, consumer notices, privacy notices, consents, authorizations, retention rules, advertising rules, communications rules, electronic signature requirements, anti-fraud obligations, anti-money laundering obligations, fair lending obligations, credit reporting obligations, tax obligations, and mortgage brokerage obligations that apply to their business and use of the Service.
Without limiting the foregoing, Broker Users are responsible for confirming whether requirements under Canadian privacy laws, provincial privacy laws, the Gramm-Leach-Bliley Act, state privacy laws, credit reporting laws, consumer protection laws, mortgage brokerage laws, electronic commerce laws, anti-spam laws, tax laws, lender policies, and other rules apply to their activities. oCoRM does not replace the Broker User's own compliance program, supervision, licenses, client disclosures, lender disclosures, audit obligations, or professional judgment.
8. Authority, Consents, and Lawful Basis
You represent, warrant, and covenant that you have all rights, authority, notices, lawful bases, permissions, and consents required to collect, upload, transmit, store, access, disclose, analyze, export, download, delete, share, or otherwise process Customer Data through the Service. This includes permissions from applicants, co-applicants, spouses, guarantors, customers, employees, contractors, referral partners, accountants, lawyers, lenders, and any other person whose information is submitted through the Service.
You are responsible for proving that authority if challenged. oCoRM may suspend processing, withhold access, or require additional verification if we reasonably believe that Customer Data was submitted without authority or that continued processing creates legal, security, regulatory, reputational, or operational risk.
9. Customer Data Ownership and Processing License
As between you and oCoRM, you retain the rights you have in Customer Data. You grant oCoRM a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, format, parse, classify, analyze, secure, back up, restore, troubleshoot, support, and otherwise process Customer Data as needed to provide, maintain, secure, monitor, support, improve, and legally operate the Service; follow your instructions; enforce these Terms; prevent harm; and comply with law.
You are responsible for the accuracy, quality, legality, completeness, appropriateness, backup, retention, export, deletion, and use of Customer Data. You must not submit malware, executable code, unlawful content, data you lack authority to process, or material that infringes another person's rights.
10. Financial Data Controls
The Service may process sensitive Financial Data, including mortgage applications, income documents, bank statements, tax documents, identity documents, credit or liability details, property details, business records, accounting receipts, contact details, signatures, and related application materials. You must use the Service in a manner appropriate for sensitive financial information.
You must not upload unnecessary information, request excessive documents, grant broader access than needed, use shared accounts, store credentials in documents, submit payment card numbers unless a supported payment workflow expressly requires it, or use the Service as an unrestricted archive for unrelated records.
11. Document Automation, AI, and Mandatory Human Review
The Service may use rules, templates, parsing tools, optical character recognition, machine learning, artificial intelligence, or third-party AI providers to extract information, classify documents, map forms, generate drafts, create summaries, recommend filenames, or assist with workflow automation. Outputs are automation aids only.
Every Output must be independently reviewed by a qualified human before use. The Service may misread documents, omit fields, map fields incorrectly, classify documents incorrectly, create incomplete drafts, generate inaccurate summaries, fail to detect fraud, misunderstand context, or produce information that is outdated, incomplete, biased, unsuitable, or legally insufficient for a particular transaction. You are solely responsible for reviewing, validating, correcting, approving, and deciding whether to use any Output.
Broker Users are responsible for selecting or enabling any AI provider, confirming that provider is permitted for their regulatory and contractual obligations, and reviewing the provider's terms, privacy, retention, training, and data-use practices.
12. No Professional, Legal, Financial, or Regulatory Advice
Information, templates, checklists, workflows, reminders, labels, summaries, and Outputs made available through the Service are provided for operational convenience only. They are not legal, financial, tax, accounting, lending, underwriting, compliance, licensing, insurance, appraisal, credit, or professional advice. You must obtain advice from qualified professionals where appropriate.
13. Connected Accounts and Third-Party Integrations
The Service may integrate with Third-Party Services, including Google services, Microsoft services, Google Sign-In, Microsoft Sign-In, Google Drive, OneDrive, SharePoint, Gmail, Outlook, Exchange, Google Calendar, Microsoft calendars, cloud hosting, email delivery, AI providers, storage providers, analytics, security tools, and other systems selected or configured by Users.
Connected account integrations may be used to authenticate a User, send email from a connected mailbox, create or manage oCoRM-created calendar items, check calendar availability, route files to a connected storage account, process documents through a selected AI provider, or perform another workflow enabled by the User.
oCoRM's use and transfer of information received from Google APIs is governed by the Google API Services User Data Policy, including the Limited Use requirements. oCoRM's use of Microsoft APIs is governed by the Microsoft APIs Terms of Use and applicable Microsoft documentation. oCoRM does not sell connected-account data, use it for advertising, transfer it to data brokers, or use it to make creditworthiness, lending, eligibility, or underwriting decisions.
14. Third-Party Service Risk
You are responsible for selecting, authorizing, configuring, monitoring, and revoking Third-Party Services. Third-Party Services are governed by their own terms, policies, security controls, permissions, availability, retention, data practices, account rules, and fees. oCoRM does not control and is not responsible for Third-Party Services, including outages, delays, data loss, compromised third-party accounts, API changes, revoked permissions, provider policy changes, provider security incidents, provider processing, or User-selected configurations.
15. Electronic Communications, CASL, and E-Signature Workflows
By using the Service, you consent to receive Service-related communications electronically. Broker Users are responsible for obtaining and documenting any required consent before sending commercial electronic messages, reminders, notices, document requests, or other communications through the Service, including any consent required under Canada's anti-spam legislation or other applicable communications laws.
The Service may assist with document signing workflows, audit records, signature placement, certificate generation, packet delivery, and document status tracking. oCoRM does not guarantee that any electronic signature, document package, audit trail, form, disclosure, consent, or workflow will be valid, enforceable, complete, accepted by a lender, accepted by a regulator, or sufficient for a particular transaction. Users are responsible for confirming identity, authority, document version, recipient eligibility, signature requirements, delivery requirements, record retention, and applicable law.
16. Acceptable Use
You must not, and must not permit anyone else to:
- Use the Service for unlawful, deceptive, discriminatory, abusive, harassing, predatory, exploitative, or fraudulent purposes.
- Upload or process data without required authority, notices, consents, permissions, and legal basis.
- Bypass or attempt to bypass authentication, authorization, rate limits, storage restrictions, tenant boundaries, audit controls, logging, or security features.
- Reverse engineer, decompile, scrape, crawl, copy, benchmark for competitive purposes, resell, sublicense, or commercially exploit the Service except as expressly authorized by oCoRM.
- Introduce malware, ransomware, exploit code, automated abuse, credential stuffing, denial-of-service traffic, harmful files, or code designed to disrupt or access systems without authorization.
- Use connected-account API data for advertising, data broker activity, surveillance, creditworthiness decisions, lending decisions, eligibility decisions, underwriting decisions, or any purpose prohibited by the connected-account provider.
- Misrepresent your identity, license status, regulatory status, affiliation, authority, account ownership, client relationship, lender relationship, or relationship with oCoRM.
- Use the Service to create, upload, transmit, or store material that is defamatory, infringing, invasive of privacy, or otherwise unlawful.
17. Security, Availability, and Backups
oCoRM uses administrative, technical, and organizational safeguards designed to protect the Service and Financial Data. However, no software, network, cloud service, storage provider, transmission method, AI provider, connected account, or security control can be guaranteed to be uninterrupted, error-free, complete, current, or immune from unauthorized access, data loss, corruption, misrouting, malware, downtime, configuration errors, or security events.
You are responsible for keeping independent copies of critical records, verifying successful uploads and downloads, maintaining your own business continuity procedures, managing access permissions, monitoring account activity, and promptly revoking access for departed employees, assistants, clients, or third parties. We may modify, suspend, limit, throttle, or interrupt the Service for maintenance, upgrades, security response, legal compliance, provider outages, capacity constraints, or operational reasons.
18. Security Incidents and Notice
If oCoRM determines that a security incident involving Customer Data requires notice under applicable law or a signed agreement, we will provide notice in accordance with that law or agreement. Any notice, cooperation, investigation, remediation, or communication by oCoRM is not an admission of fault, liability, breach, damages, or violation of law.
Broker Users remain responsible for their own notices to clients, lenders, regulators, insurers, professional bodies, and other parties where required by their legal or contractual obligations.
19. Data Export, Deletion, and Retention
Data export, deletion, and retention are subject to plan limits, technical limits, legal requirements, backup cycles, broker instructions, connected-account provider behavior, and paid-account status. We may retain information as needed for security, legal compliance, audit, dispute resolution, fraud prevention, payment, tax, backup, and legitimate operational purposes.
20. Fees, Subscriptions, Taxes, and Payment Risk
If the Service is subject to paid fees, you agree to pay all fees, taxes, and charges described in the applicable order form, invoice, checkout page, or written agreement. Fees are non-refundable except where expressly stated in writing or required by law. You are responsible for payment-method accuracy, chargebacks, taxes, currency conversion, bank fees, and any third-party charges associated with connected services. We may suspend or terminate paid features for non-payment, payment-method failure, chargeback, suspected fraud, or overdue amounts.
21. Confidentiality
Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood to be confidential. The receiving party must use reasonable care to protect confidential information and may use it only to exercise rights or perform obligations under these Terms. Confidentiality obligations do not apply to information that is public, independently developed, rightfully received from another source, or required to be disclosed by law.
22. Intellectual Property
oCoRM and its licensors own all rights, title, and interest in the Service, including software, code, interfaces, workflows, designs, templates, documentation, trade names, trademarks, service marks, logos, security architecture, models, configurations, methods, and non-public know-how. These Terms do not transfer ownership of the Service to you.
You must not remove proprietary notices, copy protected portions of the Service, or use oCoRM's marks without prior written permission.
23. Feedback and Aggregated Data
You may submit suggestions, requests, comments, or ideas about the Service. You grant oCoRM a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation, provided we do not publicly disclose your confidential Financial Data in doing so.
To the extent permitted by law, oCoRM may create and use aggregated, statistical, or de-identified information derived from use of the Service for analytics, security, benchmarking, reliability, product improvement, and business purposes, provided it does not identify a specific individual or disclose Customer Data in identifiable form.
24. Support, Beta Features, and Changes
Support, response times, implementation assistance, migration assistance, and professional services are provided only as described in a signed agreement or applicable plan. Beta, preview, experimental, trial, or evaluation features may be changed, suspended, limited, or discontinued at any time and are provided without service commitments, warranties, or liability to the maximum extent permitted by law.
We may update, add, remove, suspend, limit, or modify features, interfaces, integrations, providers, and workflows at any time. We may update these Terms from time to time. Material changes will be posted through the Service, on this page, or by other reasonable notice. Continued use after the effective date of updated Terms constitutes acceptance.
25. Suspension and Termination
We may suspend or terminate access to the Service, in whole or in part, immediately and without liability if we reasonably believe that: you breached these Terms; your account creates security, legal, regulatory, operational, reputational, or financial risk; payment is overdue; a third-party integration is misconfigured or compromised; you lack authority to process Customer Data; continued access may harm oCoRM, Users, clients, lenders, regulators, or third parties; or suspension is required or advisable under law, provider rules, or security practices.
You may stop using the Service at any time. Termination does not affect accrued payment obligations, confidentiality obligations, indemnities, disclaimers, liability limits, dispute provisions, audit rights, data-retention provisions, or any provision that by its nature should survive.
26. Maximum Disclaimers Permitted by Law
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, DOCUMENTATION, SUPPORT, OUTPUTS, THIRD-PARTY INTEGRATIONS, AI FEATURES, TEMPLATES, WORKFLOWS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND. OCORM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL, OR OTHERWISE, INCLUDING MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, ERROR-FREE OPERATION, AND UNINTERRUPTED ACCESS.
OCORM DOES NOT WARRANT THAT THE SERVICE WILL DETECT FRAUD, PREVENT FINANCIAL LOSS, SATISFY ANY REGULATORY REQUIREMENT, PRESERVE EVERY FILE, PREVENT EVERY SECURITY INCIDENT, PRODUCE COMPLETE OR ACCURATE DOCUMENTS, COMPLY WITH ANY LENDER REQUIREMENT, OR MEET THE NEEDS OF ANY BROKER, CLIENT, APPLICANT, LENDER, REGULATOR, COURT, PROFESSIONAL BODY, OR THIRD PARTY.
27. No Liability for User Decisions or Regulated Activities
oCoRM is not responsible for any broker advice, lender submission, lender decision, approval, denial, rate, fee, commitment, lock, suitability determination, affordability calculation, tax position, legal position, compliance decision, disclosure, filing, representation, client communication, professional service, or business decision made by any User or third party. Users assume all risk arising from reliance on the Service or any Output.
28. Allocation of Risk
The fees charged for the Service, if any, reflect the allocation of risk in these Terms. You acknowledge that oCoRM would not provide the Service, or would charge substantially higher fees, without the disclaimers, liability limits, indemnities, shortened limitation periods, and risk allocations in these Terms. These provisions are an essential basis of the bargain and apply even if a remedy fails of its essential purpose.
29. Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCORM AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, AGGRAVATED, ENHANCED, OR MULTIPLIED DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, DOCUMENTS, OPPORTUNITY, SAVINGS, OR REPUTATION; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; FAILED TRANSACTIONS; LENDER DECISIONS; CLIENT CLAIMS; REGULATORY CONSEQUENCES; SECURITY INCIDENTS; DATA LOSS; THIRD-PARTY SERVICE ISSUES; AI OUTPUTS; USER CONTENT; OR FINANCIAL, CREDIT, TAX, LEGAL, PROFESSIONAL, OR BUSINESS LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
30. Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCORM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE, CUSTOMER DATA, OUTPUTS, THIRD-PARTY SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO OCORM FOR THE SERVICE IN THE THREE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) CAD $100.
THE LIMITATIONS IN THESE TERMS APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE WHERE LIMITABLE BY LAW, STRICT LIABILITY, STATUTE, EQUITY, MISREPRESENTATION, FUNDAMENTAL BREACH, BREACH OF FUNDAMENTAL TERM, BREACH OF CONDITION, BREACH OF WARRANTY, RESTITUTION, INDEMNITY, CONTRIBUTION, AND ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or wilful misconduct where exclusion is prohibited. If any limitation is held unenforceable, it will be enforced to the maximum extent permitted by law.
31. Maximum Indemnification Permitted by Ontario Law
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, YOU WILL DEFEND, INDEMNIFY, REIMBURSE, AND HOLD HARMLESS OCORM AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (THE "OCORM INDEMNIFIED PARTIES") FROM AND AGAINST EVERY CLAIM, DEMAND, ACTION, APPLICATION, PROCEEDING, INVESTIGATION, ORDER, FINE, PENALTY, DAMAGE, LIABILITY, LOSS, SETTLEMENT, JUDGMENT, COST, AND EXPENSE, INCLUDING LEGAL FEES ON A FULL INDEMNITY BASIS, SOLICITOR-AND-OWN-CLIENT COSTS, DISBURSEMENTS, TAXES, EXPERT FEES, INVESTIGATION COSTS, INCIDENT RESPONSE COSTS, COLLECTION COSTS, AND INTERNAL COSTS, ARISING OUT OF OR RELATING TO:
- Your Customer Data, Financial Data, prompts, documents, signatures, instructions, configurations, templates, communications, or connected accounts.
- Your actual or alleged breach of these Terms, a signed agreement, applicable law, professional obligation, lender requirement, third-party right, privacy obligation, financial-services obligation, consumer-protection obligation, communications obligation, or connected-account provider policy.
- Your failure to obtain, document, preserve, or maintain required notices, consents, authorizations, permissions, lawful bases, client instructions, regulatory disclosures, or recordkeeping authority.
- Your use, misuse, disclosure, retention, deletion, transfer, export, download, reliance on, or failure to review Customer Data, Financial Data, Outputs, AI outputs, document packets, extracted data, forms, messages, calendar events, or e-signature records.
- Your broker, brokerage, assistant, employee, contractor, agent, referral, client, applicant, co-applicant, guarantor, lender, processor, insurer, accountant, lawyer, regulator, professional body, or other third-party relationship.
- Your connected Google, Microsoft, email, calendar, storage, AI, cloud, payment, or other Third-Party Services, including account compromise, token revocation, provider outage, provider policy change, permission configuration, or data loss in those services.
- Any allegation that an oCoRM Indemnified Party is liable as a result of your acts, omissions, data, instructions, business practices, regulated activities, professional services, lending or brokerage activities, client-facing representations, or third-party relationships.
Your indemnity obligations apply to third-party claims, regulatory claims, client claims, lender claims, co-applicant claims, employee or contractor claims, payment claims, provider claims, professional-body claims, and direct losses suffered by an oCoRM Indemnified Party. They apply even if a claim alleges that an oCoRM Indemnified Party was negligent, grossly negligent where indemnification is permitted by law, concurrently negligent, contributed to the loss, failed to mitigate, or is jointly, severally, or vicariously liable, except to the extent a court of competent jurisdiction finally determines, after all appeals, that the specific loss was caused solely by that oCoRM Indemnified Party's fraud, wilful misconduct, or liability that cannot lawfully be excluded or indemnified under Ontario or applicable Canadian law.
You must promptly assume the defence of any indemnified claim with counsel reasonably acceptable to oCoRM, reimburse defence costs on a first-dollar basis as incurred and upon demand, cooperate fully, preserve relevant records, and not settle any claim in a way that imposes liability, admission, payment, operational restriction, data-use restriction, security obligation, audit obligation, or other obligation on an oCoRM Indemnified Party without oCoRM's prior written consent. oCoRM may participate with its own counsel at its own expense, or at your expense where separate counsel is reasonably required because of a conflict, regulatory risk, confidentiality risk, security risk, or material business risk. These indemnity obligations are independent of, and not limited by, any limitation of liability in these Terms, are payable without setoff or counterclaim, and survive termination.
32. Release for User and Third-Party Disputes
To the maximum extent permitted by law, you release the oCoRM Indemnified Parties from claims, demands, damages, losses, and liabilities arising from disputes between you and any User, client, applicant, co-applicant, lender, broker, assistant, employee, contractor, provider, regulator, professional, or other third party, including disputes about documents, consent, access, accuracy, submissions, communications, signatures, retention, deletion, application decisions, or professional services.
33. Equitable Relief
You acknowledge that unauthorized access to the Service, misuse of confidential information, infringement of intellectual property, or violation of security restrictions may cause irreparable harm. oCoRM may seek injunctive, equitable, or urgent relief without posting bond or proving actual damages, in addition to any other remedies available.
34. Dispute Resolution, Governing Law, and Venue
Before filing a claim, the parties will first try to resolve the dispute informally by giving written notice that describes the dispute and requested relief. The receiving party will have 30 days to respond. This informal process does not prevent either party from seeking urgent injunctive relief or preserving a claim before a limitation period expires.
For Broker Users and other non-consumer Users only, and to the maximum extent permitted by Ontario's Limitations Act, 2002, any claim against oCoRM arising out of or relating to the Service or these Terms must be commenced within one year after the claim is discovered, or it is permanently barred. This contractual limitation period does not apply where prohibited by law, including where a User is a consumer and the applicable law does not permit shortening the limitation period by agreement.
Unless a separate written agreement states otherwise, these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules, except where mandatory law requires a different governing law. Subject to any enforceable arbitration agreement or mandatory law, the courts located in Ontario will have exclusive jurisdiction.
Where permitted by law, disputes must be brought only on an individual basis and not as a plaintiff, claimant, class member, private attorney general, or representative in any class, collective, consolidated, or representative proceeding. If an individual arbitration agreement is separately agreed or required by an applicable order form, that arbitration provision will apply.
35. Notices
oCoRM may provide notices through the Service, by email, by posting on this page, by account notification, or by other reasonable means. You are responsible for keeping contact information current. Legal notices to oCoRM must be sent through our contact page or to support@ocorm.com, with enough detail to identify your account and the issue.
36. Force Majeure
oCoRM is not liable for delay or failure to perform caused by events beyond its reasonable control, including provider outages, internet failures, power failures, labour disputes, supply-chain issues, acts of government, changes in law, court orders, natural events, cyberattacks, malware, denial-of-service attacks, war, terrorism, civil unrest, payment-network failures, or failures of Third-Party Services.
37. Assignment
You may not assign, delegate, or transfer these Terms or your account without our prior written consent. We may assign, delegate, or transfer these Terms, accounts, and related rights and obligations as part of a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or operation of law.
38. Severability, Waiver, and Interpretation
If any provision is unenforceable, it will be modified and enforced to the maximum extent permitted by law, and the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only. "Including" means "including without limitation." The word "or" is not exclusive. These Terms are interpreted without any presumption against the drafting party.
39. Entire Agreement and Survival
These Terms, together with any applicable signed agreement and our Privacy Policy, are the entire agreement between you and oCoRM regarding the Service and supersede prior or contemporaneous understandings on that subject. Provisions concerning fees, ownership, confidentiality, privacy, security, disclaimers, liability limits, indemnities, dispute resolution, governing law, records, audit, and any provision that by its nature should survive will survive termination.
40. Contact
Questions about these Terms may be submitted through our contact page or by email at support@ocorm.com.