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Terms of Service

Effective Date: August 18, 2026

1. Agreement to Terms

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding contract between you (“Client” or “you”) and LoanThink, LLC, a New York limited liability company (“LoanThink,” “we,” “us,” or “our”). By accessing or using the LoanThink platform (the “Platform”), creating an account, submitting any deal or loan request, or clicking any acceptance button, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

If you are entering into this Agreement on behalf of a business entity, partnership, trust, or other organization, you represent and warrant that you have full legal authority to bind that entity, and the term “Client” shall refer to both you individually and the entity on whose behalf you act, jointly and severally.

THE PLATFORM IS EXCLUSIVELY FOR CLIENTS SEEKING COMMERCIAL REAL ESTATE FINANCING OR CAPITAL ADVISORY SERVICES. LoanThink does not operate lender-facing accounts, portals, or user profiles of any kind. Lender relationships are managed exclusively by LoanThink on a proprietary, private basis.

LoanThink reserves the right to modify this Agreement at any time. For material changes, LoanThink will provide at least fourteen (14) days’ advance notice. Continued use of the Platform after any modification constitutes acceptance of the revised Agreement.

2. Nature of Service

The Platform is a proprietary, curated, relationship-driven capital advisory and deal-matching service operated exclusively by LoanThink. LoanThink is not a neutral marketplace, open exchange, or lead aggregator. LoanThink functions as a capital advisor and deal facilitator, exercising independent professional judgment in evaluating, packaging, positioning, and introducing Clients to members of LoanThink’s exclusive, privately managed network of direct lenders and capital sources (the “Lender Network”).

The Lender Network comprises direct lenders, private equity sources, family offices, debt funds, and related capital sources with whom LoanThink has established proprietary, trust-based business relationships developed over years through significant investment of time, capital, expertise, and professional effort. The identities, lending parameters, and contact information of Lender Network members constitute trade secrets and proprietary business information of LoanThink.

LoanThink acts as a capital advisor and introduction facilitator only. LoanThink is not a mortgage broker, investment advisor, attorney, or lender. LoanThink does not make, originate, underwrite, commit to, or guarantee any loan or extension of credit. All final credit decisions are made exclusively by the applicable lender or capital source in its sole discretion.

Submission of a deal through the Platform does not guarantee that LoanThink will introduce Client to any member of the Lender Network or that any financing will be arranged. LoanThink retains sole and absolute discretion to determine whether a deal is suitable for introduction, to decline any engagement, and to discontinue any engagement at any time without liability.

3. Commercial Transactions Only

The Platform is available solely for commercial real estate financing inquiries and investment property transactions, including without limitation: multifamily (5+ units), mixed-use, office, retail, industrial, hospitality, land, ground-up construction, and transitional/bridge financing.

The Platform is expressly NOT available for: (a) residential mortgage loans subject to TILA, RESPA, or any federal or state consumer protection statute; (b) loans secured by a borrower’s primary residence or any 1-to-4 unit owner-occupied residential property; or (c) any transaction constituting “consumer credit” under applicable federal or New York law.

By submitting any deal through the Platform, Client represents and warrants that the transaction is a bona fide commercial or investment transaction. Client shall indemnify and hold harmless LoanThink from any loss, claim, regulatory action, or liability arising from Client’s misrepresentation of the commercial nature of any transaction.

4. Eligibility

To access and use the Platform, you must at all times:

  • be at least eighteen (18) years of age;
  • be a legal resident or citizen of the United States, or a business entity lawfully formed under the laws of the United States or any state thereof;
  • have full legal capacity and authority to enter into binding contracts;
  • be acting in a commercial or investment capacity, not as a consumer;
  • not be subject to OFAC sanctions or on the U.S. Specially Designated Nationals list; and
  • if acting on behalf of an entity, be duly authorized to bind that entity.

Client shall maintain only one active account. Creation of multiple accounts, or creation of an account using false information, is grounds for immediate termination and may constitute fraud. LoanThink reserves the right to verify Client identity and to refuse or terminate service in its sole discretion.

5. Client Terms

5.1 Representations and Warranties

Client represents, warrants, and covenants to LoanThink as of the date of this Agreement and as of the date of each deal submission or lender introduction that:

  • all information, documentation, financial statements, and materials submitted are true, complete, accurate, and not misleading in any material respect;
  • Client has full legal right and authority to submit the described transaction for financing consideration;
  • there are no pending legal actions or proceedings that would materially impair Client’s ability to close the described transaction;
  • to the extent Client is simultaneously pursuing financing through other channels for the same transaction, Client shall disclose such fact to LoanThink in writing prior to or concurrent with submission; and
  • Client’s proposed transaction complies with all applicable federal, state, and local laws and regulations.

5.2 No Platform Fee

LoanThink does not charge Clients any success fee, origination fee, processing fee, application fee, upfront retainer, or any other fee or compensation of any kind in connection with the use of the Platform or the submission of any deal for consideration. LoanThink earns its compensation separately through its own business relationships and arrangements, which are independent of this Agreement. If LoanThink and Client elect to enter into a formal advisory or engagement relationship with associated fee terms, such terms will be set forth exclusively in a separate, standalone written engagement letter executed by both parties. No fee obligation shall arise from this Agreement alone.

5.3 Non-Circumvention; Non-Solicitation

5.3.1 Acknowledgment of Proprietary Network.Client acknowledges and agrees that: (a) LoanThink’s Lender Network represents proprietary, confidential, and relationship-based capital sources developed exclusively by LoanThink through years of significant professional investment; (b) the identities and contact information of Lender Network members are not publicly known or readily ascertainable by Client through independent means; (c) LoanThink’s introductions constitute the delivery of substantial proprietary value; and (d) but for this Agreement and LoanThink’s services, Client would not have access to, or knowledge of, the specific lenders or capital sources to whom Client is introduced through the Platform.

5.3.2 Non-Circumvention Covenant. In consideration of the introductions and services provided by LoanThink, Client irrevocably covenants and agrees that, for a period of THIRTY-SIX (36) MONTHSfrom the date of any introduction made through or in connection with the Platform — whether such introduction is direct, indirect, written, verbal, electronic, or made through any data room, shared document, email, third-party intermediary, or any other channel (the “Restricted Period”) — Client shall NOT, directly or indirectly, on its own behalf or through any affiliate, principal, officer, employee, agent, representative, related entity, successor entity, or any other person or entity acting at Client’s direction or on Client’s behalf:

  • contact, solicit, approach, or initiate any communication with any Protected Lender (as defined below);
  • negotiate, discuss, or exchange any term sheet, letter of intent, commitment letter, loan application, or any other financing documentation with any Protected Lender;
  • close, fund, or consummate any loan, credit facility, equity investment, joint venture, mezzanine financing, preferred equity arrangement, or any other financial transaction with any Protected Lender; or
  • otherwise engage or transact business of any nature with any Protected Lender in connection with any real estate asset, project, or venture —

in each case, without LoanThink’s prior written consent and without LoanThink’s active involvement as capital advisor to the transaction. For purposes of this Agreement, “Protected Lender” means any lender, capital source, fund, family office, financial institution, or any affiliate, subsidiary, related fund, successor entity, managing partner, principal, officer, or representative of any of the foregoing, to whom Client was introduced through LoanThink.

5.3.3 Scope; No Exceptions.The restrictions of Section 5.3.2 apply regardless of: (a) how Client came to know of or remember the Protected Lender, including whether Client asserts independent or prior knowledge of the Protected Lender; (b) whether Client’s account is active or has been closed, suspended, or terminated; (c) whether the proposed transaction is the same deal submitted through the Platform or a different, subsequent, or unrelated transaction; (d) whether the Protected Lender initiated contact with Client after the introduction; or (e) the medium or manner through which the original introduction was made.

5.3.4 Material Breach; Liquidated Damages. Client acknowledges that a violation of Section 5.3.2 constitutes a material breach of this Agreement causing LoanThink substantial harm that is difficult to quantify with precision. Accordingly, in the event of any such breach, LoanThink shall be entitled to pursue any or all of the following remedies, which are cumulative and not exclusive:

  • Liquidated Damages. Liquidated damages in an amount equal to the GREATER OF: (A) Fifty Thousand Dollars ($50,000.00); or (B) three percent (3.0%) of the total gross loan amount, investment amount, or total capital commitment closed, funded, or otherwise consummated in circumvention of this Agreement, whichever is greater. The parties expressly agree that this liquidated damages formula represents a reasonable, good-faith estimate of the actual harm LoanThink would sustain, and that this provision is intended as compensation and not as a penalty;
  • Injunctive Relief. Immediate injunctive or other equitable relief, without the requirement of posting any bond or demonstrating actual damages, to enjoin any actual or threatened breach. Client acknowledges that monetary damages alone would be an inadequate remedy for any breach of this Section;
  • Attorneys’ Fees and Costs.Recovery of all reasonable attorneys’ fees, court costs, and expenses incurred by LoanThink in enforcing this Section; and
  • All Other Available Remedies at law or in equity under New York law or the rules of the applicable arbitral forum.

5.3.5 Survival. Section 5.3 shall SURVIVEthe expiration, cancellation, or termination of this Agreement — for any reason or no reason — indefinitely as to any Protected Lender introduction made during the term of this Agreement, and shall remain in full force and effect for the full thirty-six (36) month Restricted Period measured from the date of each such introduction.

5.3.6 Reporting Obligation.In the event that any Protected Lender contacts Client directly, or that a third party introduces Client to a Protected Lender without LoanThink’s involvement, Client shall promptly notify LoanThink in writing within five (5) business days of such contact, and shall not proceed to engage with such Protected Lender without LoanThink’s prior written consent. Failure to provide timely notice shall itself constitute a separate breach of this Agreement.

5.4 No Guarantee of Financing

LoanThink does not guarantee, represent, or warrant that: (a) any lender introduction will be made; (b) any financing will be offered, committed, or funded; (c) any particular loan terms, interest rates, leverage levels, or closing timelines will be achievable; or (d) LoanThink’s Lender Network will have interest in or capacity for any particular deal. All financing decisions are made solely by the applicable lender at their sole discretion. Client assumes all risk associated with the outcome of any financing process facilitated by LoanThink.

5.5 Prohibited Conduct

Client shall not, and represents that it has not and will not:

  • provide any false, misleading, inaccurate, or materially incomplete information to LoanThink or to any lender introduced through the Platform;
  • take any action that disrupts, impairs, or interferes with LoanThink’s relationships with any member of its Lender Network, including making disparaging statements about LoanThink to any lender;
  • attempt to access, reverse-engineer, scrape, or extract any portion of the Platform’s data, lender records, or proprietary matching logic by any means;
  • use the Platform for any purpose other than submitting bona fide commercial real estate financing requests, including use for competitive intelligence or market research on behalf of a competing platform; or
  • use the Platform in connection with any transaction that violates applicable federal, state, or local law, including anti-money laundering regulations (BSA/FinCEN), OFAC sanctions, or applicable securities laws.

Any violation of this Section 5.5 constitutes a material breach of this Agreement and entitles LoanThink to immediately terminate Client’s access and pursue all available legal and equitable remedies.

6. User Accounts and Security

You are solely responsible for: (a) maintaining the strict confidentiality of your account credentials; (b) all activity that occurs under your account, whether or not you authorized such activity; and (c) any harm caused to LoanThink or third parties resulting from your failure to adequately protect your credentials. You may not share, transfer, or permit third-party access to your account under any circumstances.

You agree to notify LoanThink immediately upon becoming aware of any actual or suspected unauthorized use of your account or any security breach. LoanThink reserves the right to suspend or terminate any account at any time if LoanThink reasonably believes a security breach has occurred or that you have violated these Terms.

7. Privacy and Data Use

LoanThink collects information you submit through the Platform solely for the purpose of facilitating capital sourcing introductions between you and members of LoanThink’s curated private Lender Network. LoanThink does not sell, rent, or trade Client data to any third party for such third party’s independent marketing or commercial purposes.

LoanThink may share Client data with members of its Lender Network strictly as necessary to facilitate capital sourcing introductions. LoanThink may use aggregated, anonymized, and de-identified data for internal analytics, product development, and other legitimate business purposes. Your use of the Platform is further governed by LoanThink’s Privacy Policy, incorporated herein by reference.

8. Intellectual Property

The Platform and all content, features, functionality, software, code, algorithms, deal-scoring logic, matching methodologies, databases, user interfaces, graphics, trademarks, and all other technology and intellectual property embodied in or associated with the Platform (collectively, the “LoanThink IP”) are and shall remain the exclusive property of LoanThink, LLC, a wholly-owned operating platform of GO Realty Capital Partners. All rights not expressly granted herein are reserved.

Subject to your compliance with these Terms, LoanThink grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended purpose. This license does not include the right to: copy, reproduce, or create derivative works of any LoanThink IP; reverse engineer, decompile, or disassemble any Platform software; scrape, crawl, or extract data from the Platform by automated means; frame or mirror the Platform; or remove any proprietary notices.

9. Confidentiality

In connection with your use of the Platform, LoanThink may disclose to you certain non-public, proprietary, or confidential information, including without limitation: the identities, contact information, lending parameters, underwriting criteria, interest rate ranges, fee structures, geographic preferences, and transaction requirements of lenders within LoanThink’s private network; deal-scoring methodologies and matching logic; and lender relationship terms and negotiated programs (collectively, “Confidential Information”).

You agree that you shall:

  • hold all Confidential Information in strict confidence and protect it with at least the same degree of care used to protect your own most sensitive proprietary information, but in no event less than a reasonable degree of care;
  • use Confidential Information solely for the purpose of evaluating and pursuing a capital transaction facilitated through the Platform;
  • not disclose, transmit, publish, or otherwise make available any Confidential Information to any third party without LoanThink’s express prior written consent; and
  • promptly notify LoanThink upon discovering any actual or suspected unauthorized use or disclosure of Confidential Information.

You acknowledge that any unauthorized disclosure or use of Confidential Information would cause LoanThink immediate, irreparable harm for which monetary damages would be an inadequate remedy, and that LoanThink shall be entitled to seek emergency equitable relief, including a temporary restraining order and preliminary injunction, without bond, in any court of competent jurisdiction, in addition to all other remedies available at law or in equity. The obligations of this Section 9 shall survive the termination or expiration of these Terms indefinitely.

10. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, CONTENT, AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. LOANTHINK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LOANTHINK IS NOT A LENDER, BANK, MORTGAGE BROKER, INVESTMENT ADVISOR, OR FIDUCIARY. LOANTHINK DOES NOT MAKE, ORIGINATE, UNDERWRITE, OR GUARANTEE ANY LOAN. NOTHING ON THE PLATFORM CONSTITUTES AN OFFER TO LEND, A COMMITMENT TO PROVIDE FINANCING, OR A GUARANTEE THAT ANY INTRODUCTION WILL RESULT IN A FUNDED TRANSACTION. ANY MATCH RESULTS OR DEAL-SCORING OUTPUTS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE BINDING OFFERS OR LOAN COMMITMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOANTHINK, LLC, GO REALTY CAPITAL PARTNERS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT LOANTHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LOANTHINK’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE TOTAL FEES, IF ANY, ACTUALLY PAID BY YOU TO LOANTHINK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

The limitations set forth in this Section shall not limit or affect any party’s indemnification obligations under Section 12 of these Terms.

12. Indemnification

You agree to defend, indemnify, and hold harmless LoanThink, LLC, GO Realty Capital Partners, and each of their respective members, managers, officers, employees, agents, successors, and assigns (collectively, the “LoanThink Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • your breach or alleged breach of any representation, warranty, covenant, or obligation under these Terms;
  • any information or materials you submitted that are inaccurate, incomplete, misleading, or fraudulent;
  • any violation or circumvention, or attempted violation or circumvention, of the non-circumvention obligations set forth in Section 5.3, including any direct contact with a Protected Lender for a transaction not facilitated through the Platform;
  • any violation of applicable federal, state, or local law in connection with your use of the Platform; or
  • any loan transaction that closes or funds as a result of an introduction made through the Platform.

LoanThink reserves the right, at your sole cost and expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully and not to settle any indemnified claim without LoanThink’s prior written consent.

13. Dispute Resolution and Binding Arbitration

13.1 Informal Resolution

Before initiating any formal proceeding, the party asserting a claim shall provide the other party with written notice describing the nature of the claim and the relief sought, and the parties shall negotiate in good faith for at least thirty (30) calendar days. This informal resolution requirement is a condition precedent to initiating arbitration and shall not apply to claims for which LoanThink seeks emergency equitable relief under Section 13.5.

13.2 Binding Arbitration

Any dispute not resolved informally shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single neutral arbitrator in New York County, New York, in the English language. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND LOANTHINK EACH IRREVOCABLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING IN ARBITRATION OR IN COURT. ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR CONDUCT ANY FORM OF CLASS ARBITRATION.

13.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM. THIS JURY TRIAL WAIVER IS KNOWING, VOLUNTARY, AND IRREVOCABLE.

13.5 Equitable Relief Carve-Out

Notwithstanding any other provision of this Section 13, LoanThink shall have the right, at its sole election and without waiving any right to arbitrate, to seek emergency, preliminary, or permanent injunctive or other equitable relief — including a temporary restraining order (“TRO”) — in any court of competent jurisdiction, without bond or other security, and on an ex parte basis if exigent circumstances so require. LoanThink’s right to emergency relief is particularly broad with respect to: (a) actual or threatened violation of the non-circumvention obligations in Section 5.3; (b) actual or threatened breach of Section 9 (Confidentiality); (c) actual or threatened misappropriation of LoanThink IP; or (d) any other conduct causing LoanThink immediate and irreparable harm.

You acknowledge and agree, without reservation, that: (i) LoanThink’s lender relationships, network architecture, and proprietary matching infrastructure constitute unique commercial assets for which monetary damages are inherently inadequate; (ii) any circumvention or confidentiality breach by you would cause LoanThink immediate, irreparable harm; and (iii) a court of competent jurisdiction should issue emergency equitable relief to LoanThink promptly upon application, without requiring LoanThink to post bond, and without requiring a full evidentiary hearing, upon a showing of likelihood of success on the merits and risk of irreparable harm. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New York sitting in New York County for any proceeding under this Section 13.5.

14. Governing Law and Venue

These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any other jurisdiction. For any dispute not subject to arbitration, or for any proceeding for emergency equitable relief, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and waives any objection to the laying of venue in such courts.

15. Termination

LoanThink may suspend, restrict, or permanently terminate your access to the Platform at any time, with or without cause, with or without notice, and without liability. Termination may occur for material breach, suspected fraud, conduct harmful to LoanThink or its Lender Network, insolvency, or regulatory requirements.

Termination does not extinguish any obligation arising prior to the effective date of termination. The following provisions survive termination indefinitely: Sections 5.3 (Non-Circumvention), 7 (Privacy), 8 (Intellectual Property), 9 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 14 (Governing Law), and 16 (General Provisions).

16. General Provisions

Entire Agreement.These Terms, together with LoanThink’s Privacy Policy and any separately executed engagement letter or non-circumvention agreement, constitute the entire agreement between you and LoanThink and supersede all prior and contemporaneous agreements, representations, and understandings.

Amendments.For material changes, LoanThink will provide at least fourteen (14) days’ advance written notice. Continued use of the Platform after the effective date of any amendment constitutes binding acceptance. If you do not agree, your sole remedy is to terminate your account before the effective date.

Severability. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

No Waiver. No failure or delay by LoanThink in exercising any right shall operate as a waiver. No waiver shall be effective unless made in a signed writing by an authorized representative of LoanThink.

Assignment.You may not assign, delegate, or transfer any rights or obligations under these Terms without LoanThink’s prior written consent. Any purported assignment without such consent is null and void. LoanThink may freely assign these Terms in connection with any merger, acquisition, or sale of assets.

Force Majeure. LoanThink shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, governmental action, internet outages, cyberattacks, or other force majeure events.

No Third-Party Beneficiaries.These Terms are for the sole benefit of LoanThink and you. Lenders within LoanThink’s network are not third-party beneficiaries of these Terms.

Electronic Signatures. Acceptance of these Terms by electronic means (including clickwrap acceptance) shall be deemed valid and binding to the same extent as original signatures under applicable law, including E-SIGN and the New York Electronic Signatures and Records Act.

Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

17. Contact

For inquiries regarding these Terms, please submit a request through the Platform or contact LoanThink through the official website.