Terms & Conditions

Last updated: September 15, 2025
Please read these terms and conditions carefully before using Our Service.


INTERPRETATION AND DEFINITIONS

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:

  • Affiliate: An entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Borrower: Any person, persons, or business entity that registers on the Service to apply for a loan.

  • Company: (referred to as either "the Company," "We," "Us" or "Our") refers to Capitis Mortgage Investment Corp., 9-2020 Lanthier Drive, Ottawa, Ontario, K4A3V4.

  • Country: Refers to Canada, and specifically the Province of Ontario.

  • Investor: Any person, persons, or business entity that registers on the Service to provide funding for loans.

  • Loan Application: Refers to the information, including personal, financial, and property details, submitted by a Borrower through the Service.

  • Platform: Refers to the digital platform operated by the Company, including the Website and all associated services, through which Borrowers and Investors are connected.

  • Service: Refers to the entire suite of services provided by the Company, including but not limited to the loan application portal, underwriting services, and the facilitation of connections between Borrowers and Investors.

  • Terms and Conditions: (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service: Any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website: Refers to Capitismic.com, accessible from https://capitismic.com.

  • You: Means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of the Capitis Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users, including Borrowers and Investors, regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Financial Disclaimer and Acknowledgment of Role: You acknowledge that the Company is a licensed Ontario-based Mortgage Administrator (FSRA #13310) that provides comprehensive services, including loan application, underwriting, and managing the relationships between borrowers and our network of private investors. The Company is not a direct lender, mortgage broker, or financial advisor. The information provided on the Website, including data from our underwriting process, does not constitute legal, financial, or investment advice. You agree that all decisions made, whether as a Borrower or an Investor, are based on your own independent research, judgment, and consultation with your own professional advisors.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

USER REPRESENTATIONS AND WARRANTIES

By using the Service, You represent and warrant to the Company that all information you provide, including but not limited to personal, financial, and property details, is accurate, complete, and truthful. You agree that any misrepresentation or provision of false or misleading information is a material breach of these Terms, and the Company reserves the right to terminate your access immediately.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or include content, products, or services that are not owned or controlled by the Company. This includes, but is not limited to, websites, services, and content from third-party providers who assist in our business operations, such as credit bureaus, analytics providers, or social media platforms.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit or use.


TERMINATION

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. The Company reserves the right to terminate or suspend access for any user at its sole discretion, including but not limited to instances of fraud, misrepresentation of information, or any activity that compromises the integrity or security of the Service or the relationships between Borrowers and Investors.

Upon termination, Your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.


LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount of fees actually paid by You to the Company for the specific loan transaction from which the claim arose or $500 CAD.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including without limitation, financial losses, loss of profits, investment losses, or loss of data, arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages.

LOAN PROCESSING AND TRANSACTION DISCLAIMER

The Company's underwriting of loan applications is for its internal purposes and is provided to investors for informational purposes only. The Company does not guarantee that any loan application will be approved, funded, or closed. The Company is not a party to the loan agreements or any transactions between borrowers and investors. While the Company assists in the negotiation, paperwork, and communication between the parties, all loan agreements are separate contracts between the borrower and investor. You acknowledge and agree that the Company shall not be responsible or liable for any loan defaults, financial losses, or other damages arising from any loan transaction facilitated through the Service.


INDEMNIFICATION

You agree to indemnify and hold the Company and its directors, officers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that such parties may incur as a result of or arising from (i) Your use of the Service, (ii) Your violation of these Terms, or (iii) any misrepresentation or fraudulent activity committed by You in connection with the Service.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable Canadian law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service or any financial information, reports, or materials provided through the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials provided thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


GOVERNING LAW

These Terms and Your use of the Service 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 its conflicts of law rules. Your use of the Service may also be subject to other local, provincial, national, or international laws.


DISPUTES RESOLUTION

Governing Law and Jurisdiction
These Terms and Your use of the Service 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 its conflicts of law rules.

Informal Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company's designated representative.

Mandatory Arbitration
If a dispute cannot be resolved informally, You agree that any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be submitted to confidential, binding arbitration in Ottawa, Ontario, and the parties shall mutually agree on a single arbitrator. The arbitration shall be conducted in English and in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Class Action Waiver
You agree to resolve disputes with the Company on an individual basis only. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.


SEVERABILITY AND WAIVER

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.


TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated into other languages. You agree that the original English text shall be the sole and authoritative version in the event of a dispute.


CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@capitismic.com
By mail: Capitis Mortgage Investment Corp., 9-2020 Lanthier Drive, Ottawa, Ontario, K4A3V4