Consent to Telephonic Communications

1. Call Recording and Monitoring. You acknowledge that telephone calls to or from Lendio, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.
2. Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Lendio, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, by calling us at (855) 853-6346 notifying us in writing by sending such notification via email to [email protected].
3. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, AI generative voice or text messages and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Lendio, and third-parties acting on its behalf, related to promotions, your account, any application or transaction, and/or your relationship with Lendio. You acknowledge that automated or AI generative calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Lendio may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Lendio, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may call us at (855) 853-6346 or via email to [email protected] to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.
4. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP, or any similar message indicating your desire to no longer receive text messages, to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may email [email protected] advising that you want to opt out of text messages and specifying the phone number(s) for which that opt-out should apply To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, email address, business name, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to [email protected]. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
5. Fees and Charges. There is no fee to receive automated telephone calls or text messages from Lendio. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Lendio is not responsible for such charges.
6. Unauthorized Use of Your Telephone Device. You must notify Lendio immediately of any breach of security or unauthorized use of your telephone device. Although Lendio will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
7. Your Indemnification to Us. You agree to indemnify Lendio for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
8. Release of Claims. In consideration of the services provided by Lendio, you hereby release Lendio from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
9. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
10. Text message Terms and Conditions. By opting In to Lendio’s Text Message Service, you authorize and agree to allow Lendio to use an autodialer or non-autodialer technology to send text message to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number form which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You authorize Lendio to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase or service.
    1. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
    2. After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
    3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or 855-853-6346.
    4. Carriers are not liable for delayed or undelivered messages
    5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 15 messages/month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
11. Privacy. If you have any questions regarding privacy, please read our privacy policy: https://lendio.com/agreements/privacy-policy/