Roost – Terms of Service

Effective Date: July 1 2025

Welcome to Roost! These Terms of Service (“Terms”) govern your use of the Roost mobile application and any related services (collectively, the “App”), provided by Roost Technologies Inc. (“Roost”, “we”, “our”, or “us”), a company based in Ontario, Canada.

By accessing or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Who Can Use Roost

Eligibility Requirements

The Roost platform and associated services are intended for use by individuals who meet certain eligibility criteria. By accessing or using the App, you affirm and warrant that:

Roost reserves the right, at its sole discretion, to refuse service, terminate accounts, or restrict access to the App without prior notice or liability for any user who fails to meet these eligibility requirements or violates these Terms.

2. What Roost Offers

Description of Services

Roost is a technology platform designed to facilitate the mortgage application process by connecting homebuyers with mortgage professionals and real estate agents. The App provides the following core features and functionalities:

Roost continuously enhances its platform to improve user experience, comply with legal requirements, and incorporate new features, which may be introduced without prior notice.

3. User Accounts

Account Creation and Security

Users are required to register for an account to access certain features of the App. When creating an account, you must provide accurate, complete, and up-to-date information as requested. You are responsible for safeguarding your login credentials and any activities or actions that occur under your account.

Account Responsibility

You agree to:

Roost reserves the right to suspend, disable, or terminate accounts that are inactive for an extended period or are believed to be compromised or used in violation of these Terms.

4. Privacy & Data Sharing

4.1 Commitment to Data Protection
Roost Technologies Inc. (“Roost”) is fully committed to respecting and safeguarding the confidentiality, integrity, and security of your personal and financial information. We recognize that when you choose to use our platform, you are placing a significant degree of trust in us. As such, we maintain strict data governance practices in accordance with applicable privacy laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial legislation.

4.2 No Sale of Personal Information
Roost does not, and will not under any circumstance, sell, license, trade, or otherwise commercialize your personal, financial, or usage data to any third party for monetary gain, marketing purposes, or profile enrichment. This includes — but is not limited to — names, contact details, property information, financial documents, credit information, mortgage preferences, or behavioral usage data. Any representations to the contrary, by third parties or unauthorized brokers, are false and unauthorized.

4.3 Permitted Disclosures and Purpose Limitation
We only collect, use, and disclose your personal information for purposes that are:

Your information may be shared with:

4.4 Confidentiality and Access Control
All personnel and third-party partners who are granted access to user data are required to adhere to Roost’s internal confidentiality standards, undergo periodic training, and implement access controls and audit logs. We apply technical and organizational measures to protect your data, including encryption in transit and at rest, role-based access control, and secure authentication protocols.

4.5 User Consent and Withdrawal Rights
By using Roost, you consent to the collection, use, and disclosure of your data in accordance with this section and our Privacy Policy. You may withdraw your consent to non-essential data processing at any time by contacting us at [email protected]; however, doing so may impact your ability to use certain features or complete your mortgage application.

4.6 Data Retention
Roost retains personal and financial information for an indefinite period, unless and until the user explicitly requests deletion of their data. This retention policy allows users to resume or revisit mortgage-related processes over time and supports Roost’s ability to meet legal, regulatory, and operational requirements.

Upon receiving a verified deletion request from a user, Roost will take commercially reasonable steps to permanently delete or anonymize the requested data within a reasonable timeframe, subject to any obligations to retain certain records under applicable law (e.g., for audit, anti-money laundering, or compliance purposes). Deletion requests may be submitted by contacting [email protected] or through available tools within the App, if applicable.

4.7 Cross-Border Transfers
If any data is processed or stored outside of Canada, we ensure that appropriate safeguards are in place and that the recipient jurisdiction offers a comparable level of protection as required by Canadian privacy law.

5. Acceptable Use

User Conduct

You agree to use the Roost platform in a responsible and lawful manner. Prohibited uses include, but are not limited to:

Roost reserves the right to investigate violations of this section and take appropriate action, including immediate termination of access and referral to legal authorities.

6. Intellectual Property

Ownership and Restrictions

All content, trademarks, service marks, logos, software, algorithms, and other intellectual property rights associated with the Roost platform (“Intellectual Property”) are owned exclusively by Roost Technologies Inc. or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the platform solely for your personal or professional mortgage-related activities, subject to these Terms.

Restrictions

You may not:

7. Third-Party Services

Integration and Liability

Roost integrates with various third-party services to enhance functionality, including but not limited to credit reporting agencies, financial institutions, document verification services, and analytics platforms.

While we strive to partner only with reputable third parties, Roost does not control these services and is not responsible for their content, practices, or privacy policies. Your use of third-party services is governed by the respective provider’s terms and privacy statements.

Roost shall not be liable for any loss, damages, or expenses arising from your use of or reliance on any third-party services accessed through or linked from the Roost platform.

8. Disclaimer of Warranties

No Guarantees

The Roost platform and services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Roost does not guarantee:

You acknowledge that your use of the platform is at your own risk.

9. Limitation of Liability

Extent of Liability

To the maximum extent permitted by law, Roost, its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of the platform, even if advised of the possibility of such damages.

Roost’s total aggregate liability for any claim arising from or related to these Terms or your use of the platform shall not exceed the greater of:

This limitation applies regardless of the legal theory, whether in contract, tort, negligence, strict liability, or otherwise.

10. Governing Law

These Terms and any disputes or claims arising out of or relating to them or your use of the Roost platform shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or related to these Terms or the platform shall be brought exclusively in the courts located in the Province of Ontario, and you consent to the personal jurisdiction of such courts.

11. Dispute Resolution

Informal Negotiation and Arbitration

Before initiating any formal dispute resolution, you agree to contact Roost to attempt in good faith to resolve any disputes informally.

If a dispute cannot be resolved informally within thirty (30) days, you and Roost agree to submit the dispute to binding arbitration conducted in Toronto, Ontario, under the rules of a recognized arbitration body agreed upon by the parties.

By agreeing to arbitration, you waive your right to a trial by jury or to participate in a class or collective action.

12. Changes to These Terms

Amendments

Roost reserves the right to update, modify, or amend these Terms at any time, at its sole discretion.

When we make material changes, we will notify you by email, in-app notification, or by posting a prominent notice on the platform prior to the changes taking effect.

Your continued use of the Roost platform after such changes constitutes your acceptance of the revised Terms.

It is your responsibility to review the Terms regularly to stay informed of any updates.

13. Contact Us

Questions or concerns? Contact us at:
📧 [email protected]
📍 Roost IO., Ontario, Canada

14. Additional Terms for Mortgage Brokers

This section applies specifically to licensed mortgage brokers (“Brokers”) who access the Roost platform to provide services to users applying for mortgage financing.

14.1 Roost Client Ownership

All users who register or are onboarded through the Roost platform, regardless of referral source, are and remain the exclusive clients of Roost Technologies Inc. Brokers acknowledge and agree that no ownership or client relationship beyond the scope of mortgage services facilitated through Roost is created by virtue of access to the platform.

14.2 Limited Use of Client Information

Brokers may access and retain user information solely for the purpose of fulfilling their professional and legal obligations (e.g., compliance with FSRAO, KYC, AML, or recordkeeping regulations). Under no circumstances may this information be used to solicit or service the client outside the scope of the Roost platform.

14.3 Contact Limitations

Brokers may only contact Roost users for the specific purpose of delivering mortgage-related services pertaining to the application submitted through Roost. Contacting users for unrelated services, future marketing, or lead generation beyond the active application process is strictly prohibited.

14.4 Enforcement and Liquidated Damages

Brokers agree that any breach of this section constitutes a material violation of these Terms and significantly undermines the value of Roost’s platform and business relationships. In the event of a breach:

Roost reserves the right to take legal action, suspend access, or report violations to licensing authorities where necessary.

15. Realtor Referral Acknowledgment and Consent

This section applies to users who were referred to Roost by a licensed real estate agent (“Realtor”).

15.1 Referral Fee Disclosure

Users acknowledge and agree that if they were referred to the Roost platform by a Realtor, that Realtor may receive a referral fee or commission from Roost only upon the successful funding of a mortgage related to the transaction initiated through the platform. This compensation does not affect the mortgage terms or cost to the user in any way.

15.2 Authorization to Complete Standardized Referral Form

The user expressly authorizes Roost to complete and execute, on their behalf, a standardized electronic referral acknowledgment form or equivalent document, which will be provided to the referring Realtor. This document is used solely to document the referral relationship and includes only basic identifying information (e.g., name, transaction reference, and date of referral).

15.3 Purpose of Referral Form

The purpose of the referral form is to assist the Realtor in complying with brokerage policies and regulatory requirements, including those mandated by the Real Estate Council of Ontario (RECO) or equivalent oversight bodies. The document is administrative in nature and does not create any obligation on the part of the user beyond acknowledging the referral source.

16.1 Consent to Obtain Credit Report

By creating an account and using the Roost platform, the user expressly authorizes Roost Technologies Inc. (“Roost”) and its authorized mortgage partners to obtain, access, and review one or more full consumer credit reports from any recognized Canadian credit reporting agency, including but not limited to Equifax Canada and TransUnion Canada. This authorization extends to all credit information necessary to assess the user’s mortgage eligibility, pre-approval status, and creditworthiness.

16.2 Scope of Authorization

This consent allows Roost and its licensed mortgage partners to:

16.3 Retention and Use of Credit Data

All credit information obtained under this authorization will be stored securely and used solely for the purposes of providing mortgage-related services through Roost. Such data will not be shared, sold, or disclosed to any third party except as necessary to facilitate the user’s mortgage application or as required by law.

16.4 Revocation of Consent

Users may revoke their consent to future credit checks at any time by contacting [email protected]. However, withdrawing consent before the completion of the mortgage process may prevent Roost or its mortgage partners from continuing to process the application.

17. Client Engagement Agreement and Digital Consent

17.1 Acknowledgment and Agreement to Client Engagement Terms

Upon creating an account or completing sign-up through the Roost platform, the user (“Client”) acknowledges, accepts, and agrees to all terms and conditions contained in the Client Engagement Letter, available for reference at https://roostapp.io/wp-content/uploads/2025/10/Consent.pdf

By proceeding with registration, the Client grants Roost Technologies Inc. (“Roost”) permission to digitally execute the Client Engagement Letter on their behalf using the information supplied during the sign-up and mortgage application process. The Client’s digital acceptance within the Roost application constitutes a legally binding electronic signature, carrying the same force and effect as a physical signature under applicable electronic commerce and contract laws in Canada.

This Client Engagement Agreement governs the relationship between the Client, Roost, and its affiliated mortgage brokers and lenders with respect to mortgage advice, financing facilitation, and related services.


17.2 Confidentiality

Roost and its mortgage partners recognize that the Client’s privacy and personal information (“Private Information”) are of paramount importance. Over the course of arranging mortgage financing, Roost and its partners may collect and access sensitive information, including Social Insurance Numbers, bank history, employment records, and financial statements.

All Private Information is collected strictly for the purpose of achieving the Client’s financing objectives and is stored using secure, encrypted technologies. Roost never sells or trades personal information to any third party. Access is restricted to authorized personnel and licensed professionals bound by confidentiality obligations.

Should Roost or its partners discover illegal or fraudulent activity during a transaction, Roost may be legally obligated to disclose relevant information to the appropriate authorities in compliance with applicable law.


17.3 Suitability and Risk Disclosure

Roost’s mortgage partners will make every reasonable effort to recommend mortgage products and lenders suited to the Client’s financial position, objectives, and tolerance for risk. The Client acknowledges that all recommendations are made in good faith based on the information provided.

Disclosures will be provided concerning total cost of borrowing and potential conflicts of interest. Clients are advised that mortgage products may carry inherent risks, including but not limited to:

Roost encourages Clients to review all lender disclosures carefully and seek independent financial or legal advice if uncertain about any product or term.


17.4 Termination of Engagement

The Client may terminate this engagement at any time by providing written notice to Roost or its assigned mortgage broker. Roost or its brokers may also terminate this engagement at any time by written notice to the Client, including where:

Termination does not affect Roost’s obligation to maintain confidentiality or the Client’s obligations concerning prior authorizations, consents, or outstanding disclosures.


17.5 Compensation

In most cases, Roost and its mortgage brokers are compensated by the lender through a fee or commission upon successful funding of the Client’s mortgage. This fee varies by lender and product. Where additional fees apply (e.g., private, alternative, or construction financing), such fees will be disclosed and approved by the Client in advance of acceptance.

The Client may also incur expenses related to the financing process, including:


17.6 Protection and Optional Insurance

Roost and its brokers may offer optional insurance products, such as mortgage life, critical illness, or disability insurance, through approved partners (e.g., Manulife Mortgage Protection Plan) or qualified insurance agents. Acceptance of such products is entirely voluntary, but Roost recommends Clients ensure they maintain adequate coverage.


17.7 Disclosure and Communication

Roost may share limited personal information with mortgage brokerages, lenders, law firms, insurers, and appraisers as required to complete the mortgage process. Information sharing is conducted securely and in compliance with privacy laws.

Roost’s role is to facilitate the mortgage process, provide regular updates, and ensure the Client understands key mortgage terms and commitments. The Client acknowledges that mortgage pre-qualification or lender commitment does not guarantee final funding, particularly if financial circumstances change before closing.


17.8 Compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Roost and its mortgage partners comply fully with Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act (“PCMLTFA”). This includes recordkeeping, client identification, and mandatory reporting of any suspicious or unlawful transactions to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

Roost personnel are legally prohibited from informing Clients when a suspicious transaction report has been filed. Compliance with these requirements is mandatory and not optional under federal law.


17.9 Binding Digital Signature

The Client’s acceptance of these Terms of Service constitutes explicit authorization for Roost to:

  1. Digitally execute the Client Engagement Letter on their behalf using the information provided at sign-up;

  2. Use the Client’s digital acceptance as proof of consent and acknowledgment of all terms outlined in that letter; and

  3. Retain the digitally executed document in secure, encrypted storage for regulatory and audit purposes.

The digital signature carries the same legal validity as a handwritten signature under Canadian electronic commerce and evidence laws.

Section 18 – Client Engagement Letter, Consent, and Digital Signature

Upon creating an account with Roost, users acknowledge and agree to all terms and conditions contained in the Client Engagement Letter. By completing registration, users provide full consent for Roost to use their digital signature as proof of agreement to this engagement, which forms a legally binding contract between the user and Roost.

Users may review a blank version of this document at: https://roostapp.io/wp-content/uploads/2025/10/CEL.pdf

18.1 Consent and Authorization

By signing up for and using Roost, you, the user, consent and authorize Roost, its affiliates, and licensed mortgage professionals to perform a full credit check and obtain any necessary personal or financial information required to process your mortgage application. This consent also applies to completing and digitally signing the Client Engagement Letter on your behalf.

You acknowledge and authorize Roost, its agents, and mortgage lenders:

18.2 Agreement

We rely on the accuracy and completeness of the information you provide. You agree to promptly provide all information requested during your mortgage application and warrant that such information is true, complete, and accurate. You acknowledge that this information is used to determine your creditworthiness.

You further acknowledge and agree that this Client Engagement Letter represents the entire agreement between you and Roost (and its affiliated mortgage partners), and that you have not relied on any other guarantee, promise, or representation not contained herein.

You authorize Roost’s Mortgage Advisors (representatives of DLC Dominion Lending Centres) to obtain a credit report for the purpose of processing your mortgage application within six (6) months of the date of this agreement and to collect any additional information as required.

You also authorize that:

By accepting this agreement, you grant Roost, its Mortgage Advisors, and Brokerage partners permission to contact you in the future regarding your mortgage transaction and related financial services. You also provide consent under Canada’s Anti-Spam Legislation (CASL) for Roost and its representatives to send you communications about mortgage news, product updates, promotions, and services that may be of interest to you.

18.3 Confidentiality

Your privacy is of utmost importance to us. Roost will collect and retain only the personal information necessary to provide mortgage services. All such information is encrypted, securely stored, and shared solely with authorized personnel or third parties required to complete your mortgage transaction. We will never sell your data to any third party.

18.4 Termination and Data Retention

You may withdraw your consent and terminate this engagement at any time by contacting Roost in writing. However, information collected up to that point may be retained as required by law, regulatory obligations, or for compliance purposes. Roost retains client data indefinitely unless expressly requested for deletion by the user, in accordance with our Data Retention Policy.