Important notice
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between the individual or legal entity that contracts, accesses or uses LendTrack Pro and the company that operates the platform commercially known as LendTrack Pro (“LendTrack”, “we”, “us” or the “Platform”).
By creating an account, electronically accepting these Terms, purchasing a plan, using the Platform, or continuing to use it after a modification that has validly taken effect, the user declares that they have read, understood and accepted these Terms.
Where a person accepts these Terms on behalf of a company, finance business, cooperative, business, lender or other organization, that person represents and warrants that they have sufficient capacity and authority to legally bind such entity.
Where mandatory provisions of applicable law grant rights that cannot validly be limited or waived by contract, those rights prevail over any incompatible provision of these Terms.
1.Definitions
For the purposes of these Terms:
1.1“Platform”
Means LendTrack Pro, including its web application, mobile application, APIs, portals, tools, modules, interfaces, automated services, integrations and any other present or future functionality.
1.2“Lender” or “Tenant”
The individual or legal entity that contracts a LendTrack account to manage its own lending operations or portfolio.
The Lender is the contractual holder of its tenant and retains control over its Clients, loans, settings, employees, documents and operations.
1.3“Authorized User”
An employee, officer, collaborator, contractor or representative authorized by the Lender to use the Platform.
Authorized Users may be granted roles such as:
- OWNER;
- ADMIN;
- MANAGER;
- COLLECTOR; or
- VIEWER.
The Lender is responsible for determining the permissions granted to each Authorized User and for the activities they carry out within its account.
1.4“Borrower” or “Client”
A person whose data and obligations are recorded or managed by a Lender through LendTrack.
Unless expressly stated otherwise, the Borrower is not a financial customer of LendTrack, does not receive credit from LendTrack, and does not enter into their loan agreement with LendTrack.
1.5“Applicant” or “Lead”
A person who voluntarily completes a loan application through the public functionality of the Platform, including /solicitar, so that such application may be made available to participating Lenders.
1.6“Client Content”
Data, documents, contracts, images, records, instructions, communications, files and any other information entered, generated or stored by the Lender or its Authorized Users.
1.7“Personal Data”
Any information relating to an identified or identifiable natural person, as defined by applicable law.
1.8“Platform Fee”
A usage charge that LendTrack may apply to certain online payments processed through functionality enabled on the Platform, independently of the subscription price.
1.9“Third-Party Provider”
Any third party used to provide part of the Platform's infrastructure or functionality, including hosting, storage, authentication, artificial intelligence, messaging, payment processing, electronic invoicing, file analysis or credit bureau services.
2.Nature of LendTrack Pro
2.1LendTrack is a technology provider
LendTrack is a software-as-a-service —SaaS— platform designed to facilitate the administration of loans, clients, payments, documents, collections, analytics, communications and other operations of the Lender.
LendTrack provides technological infrastructure and administrative tools.
2.2LendTrack is not a lender
LendTrack:
- does not grant loans;
- does not provide funds for loans;
- does not set the rates used by the Lender;
- does not underwrite credit;
- does not automatically purchase credit;
- does not guarantee credit obligations;
- is not a party to the agreement between Lender and Borrower; and
- does not assume the Lender's legal obligations towards the Borrower.
Every credit relationship is entered into exclusively between the Lender and the relevant Borrower.
2.3LendTrack is not a bank or a financial intermediation entity
The availability of management, payment, analytics, scoring, marketplace, lookup, invoicing or automation tools does not make LendTrack a banking, financial, fiduciary, cooperative, insurance or financial intermediation entity.
2.4LendTrack is not a credit broker
The existence of a marketplace or an application distribution mechanism does not mean that LendTrack acts as a broker, agent, representative or advisor of the Lender or the Applicant.
LendTrack does not guarantee that:
- an Applicant will receive an offer;
- a Lender will approve an application;
- any given Lender is suitable;
- any given credit is advisable; or
- the terms offered are better than others available in the market.
2.5No professional advice
The Platform, its reports, calculations, documents, analyses, indicators, scoring, alerts, artificial intelligence and other tools do not constitute advice of any kind, whether:
- legal;
- financial;
- tax;
- accounting;
- regulatory;
- credit-related;
- investment-related; or
- compliance-related.
The Lender must obtain independent professional advice where appropriate.
3.Lender responsibilities
The Lender is solely responsible for the legality of its business and of the operations it manages through LendTrack.
Among other obligations, the Lender is responsible for:
- a.determining whether it holds the authorizations, registrations or licenses required to carry out its activity;
- b.setting rates, interest, fees, late charges and penalties in accordance with applicable law;
- c.avoiding usury, unlawful compound interest or any prohibited credit structure;
- d.preparing and legally validating its contracts, promissory notes and other documents;
- e.complying with its tax obligations;
- f.complying with the applicable obligations before the Dirección General de Impuestos Internos;
- g.complying with applicable Personal Data protection rules;
- h.obtaining the required consents from its Clients;
- i.complying with anti-money-laundering and counter-terrorist-financing rules where applicable to it;
- j.complying with the rules on collections and contact with debtors;
- k.verifying the results produced by the Platform before making economic, tax or legal decisions; and
- l.keeping independent records where the law or the nature of its activity so requires.
Use of LendTrack does not replace any regulatory obligation of the Lender.
4.Description of the service
Depending on the plan purchased, configuration, jurisdiction, technical availability and enabled functionality, LendTrack may offer, among others, the following tools.
4.1Client management
The Platform may allow:
- Client profiles;
- personal identification;
- contact information;
- employment and financial information;
- references;
- duplicate record detection;
- search;
- documents;
- identity validations; and
- history relating to loans and payments.
4.2Loan management
The following may be enabled:
- loan creation and administration;
- drafts;
- activation;
- amortization;
- interest;
- late charges;
- penalties;
- part payments;
- advances;
- modifications;
- adjustments;
- operation history;
- closings; and
- generation of documents or promissory notes.
Calculations generated by the system must be reviewed by the Lender before being used as the basis of a legal obligation.
4.3Payments
Payments may be recorded or processed through:
- cash;
- bank transfer;
- card;
- mobile payment;
- check;
- payment gateways; or
- other enabled methods.
History, receipt, refund and reconciliation functionality may be available.
4.4Collections
Tools may exist in relation to:
- days past due;
- portfolio at risk;
- reminders;
- escalation;
- classification;
- follow-up; and
- collections analytics.
This functionality does not authorize intimidating, abusive, fraudulent or unlawful practices.
4.5Operational accounting
The Platform may provide:
- a ledger;
- monthly closings;
- reports;
- reconciliation;
- expenses;
- exports;
- OCR; and
- other administrative records.
LendTrack does not replace a certified accounting system where one is mandatory.
4.6Approvals and internal controls
The Lender may enable mechanisms for:
- approval;
- internal policies;
- segregation of duties;
- supervision;
- temporary resource locking;
- real-time presence;
- step-up authentication; and
- audit logging.
4.7Analytics
Indicators of risk, delinquency, performance, portfolio, scoring, trends and the like are informational tools based on the available data.
They are not guarantees of payment or reliable predictions of future behavior.
5.Accounts and Authorized Users
5.1Registration
The Lender must provide true, current and complete information.
LendTrack may require additional verification before enabling certain functionality.
5.2Security
Each User must keep confidential:
- passwords;
- passkeys;
- OTP codes;
- TOTP secrets;
- API keys;
- tokens;
- recovery codes; and
- any other credentials.
Credentials are personal and must not be shared.
5.3Account holder responsibility
Absent evidence of a security compromise directly attributable to LendTrack, actions carried out using the valid credentials of an Authorized User may be treated as actions carried out under the Lender's authority.
5.4Internal users
The Lender must:
- keep its employee list up to date;
- revoke access promptly;
- grant the minimum privileges necessary; and
- inform us of any known unauthorized access.
5.5Privileged actions
Certain operations may require:
- step-up authentication;
- a second factor;
- additional approval;
- justification;
- a specific role; or
- administrative intervention.
6.Plans and limits
LendTrack currently offers plan categories named:
- Free;
- Starter;
- Growth;
- Business; and
- Pro.
The functionality, limits, storage, artificial intelligence quotas, users and other characteristics of each plan are those stated on the pricing page in force at the time of purchase.
Prices, promotions and features may be modified in accordance with these Terms.
6.1Technical limits
Plans may set limits on:
- Clients;
- loans;
- employees;
- references;
- storage;
- artificial intelligence;
- APIs;
- modules;
- transactions; or
- other resources.
6.2Exceeding limits
If a Lender exceeds the limits of its plan following a downgrade, expiration or modification:
- 1.LendTrack may prevent the creation of new resources;
- 2.restricted functionality may become inaccessible; and
- 3.absent an independent ground for deletion, LendTrack will not automatically delete existing records solely because the new limit has been exceeded.
The Lender may need to purchase a higher plan in order to modify or create certain resources again.
7.Subscription payment
7.1Payment model
Unless expressly stated otherwise in a specific offer, paid LendTrack subscriptions are purchased through individual payment orders.
They are not currently automatic recurring PayPal charges.
The Lender must make a new payment when its access period falls due for renewal.
7.2Duration
Paid access remains active until the expiration date corresponding to the purchase recorded in the system.
A grace period of up to five (5) days may be granted.
7.3Turning off renewal or reminders
Where the Platform offers controls labeled “cancel”, “turn off renewal” or similar, such controls may stop reminders or future automated actions, but do not necessarily imply a refund or the immediate termination of the period already purchased.
7.4No refund for unused periods
Save for a legal obligation, an error attributable to LendTrack, an applicable promotional policy or an express decision by LendTrack, paid periods are not refundable for unused service time.
7.5Prices
The binding prices are those displayed on the plans page or in the relevant checkout process before purchase.
8.Platform Fee
8.1Nature
LendTrack may enable a charge, separate from the subscription, on certain online payments made through the Platform.
This charge is called the “Platform Fee”.
8.2Future activation
As at the date of this version of the Terms, the Platform Fee may be wholly or partly in observation, testing, calculation or draft-generation mode.
The existence of internal usage records does not necessarily mean that a payment obligation currently exists.
LendTrack may activate the Platform Fee later upon notice to the Lender in accordance with the Modifications section.
8.3Variable structure of the Platform Fee
The Platform Fee is determined in accordance with LendTrack's fee structure in force and may vary depending on the Lender's operating volume, including, among other factors, the number of payments, transactions or accounts processed through the Platform during the relevant period.
LendTrack may apply tiered pricing or automatic volume discounts, so that the effective charge per transaction may decrease progressively as the level of use of the Platform increases.
Accordingly, a Lender processing a significantly higher volume of operations may be subject to a lower unit or percentage charge than that applicable to Lenders with lower volume. The purpose of this structure is to prevent growth in the number of operations from producing charges that are disproportionate to the use of the service.
The volume tiers, percentages, maximum charges, discounts and other applicable financial conditions are those set out in the fee table or pricing page in force for the relevant period or, where applicable, in a commercial proposal or individual agreement entered into with the Lender.
Unless a particular fee, plan or agreement expressly provides otherwise, any monetary limit stated by LendTrack must be understood as a maximum applicable within the corresponding fee tier and not as a fixed charge per transaction.
Taxes legally applicable to the Platform Fee are handled in accordance with LendTrack's tax policy in force and applicable law.
LendTrack may modify the tier structure, percentages or charges for future periods, but any material modification that increases the applicable cost will be communicated to the Lender in advance in accordance with the Modifications section of these Terms. Modifications will not retroactively alter charges already accrued under a previous fee structure.
8.4Taxes
Where taxes apply to the Platform Fee and the policy in force provides that they are included within the US$1.00 commercial cap, such taxes will be broken out within the resulting amount and will not be added on top of the cap.
The final tax treatment of the charge will depend on the law in force, LendTrack's tax status and the policies published at the time of its activation.
8.5Exchange rate
Where a transaction is denominated in a currency other than the one used to express the commercial cap:
- an exchange rate corresponding to the moment of accrual may be recorded;
- the exchange rate applicable at the time of invoicing may be used separately; and
- historical records may retain the exchange rates used.
8.6Historical records
Usage charges may be kept in an immutable historical ledger.
A refund may be recorded as a negative offsetting entry rather than by deleting or modifying the original movement.
8.7Overdue invoices
Where the Platform Fee is active, an invoice may become overdue.
After the applicable grace period, LendTrack may:
- suspend new online collection operations;
- limit payment-related functionality; or
- suspend other associated services,
until the balance is settled.
This does not alter the legal existence of the loans between Lender and Borrower.
9.Processing of Borrower payments
9.1Lender credentials
The Lender may connect its own accounts with providers such as:
- Stripe;
- PayPal;
- dLocal;
- Azul; or
- other enabled providers.
9.2Separation of funds
Payments made by Borrowers using those connections belong to the relationship between the Lender, the Borrower and the applicable payment provider.
Except for the functionality expressly described in the following section on balances and withdrawals, LendTrack:
- does not acquire title over those funds;
- is not the economic beneficiary of the principal or interest;
- does not act as a banking custodian;
- does not guarantee settlement; and
- does not replace the relevant payment service provider.
9.3Third-party conditions
Transactions are equally subject to the conditions, availability, anti-fraud policies, holds, reversals, chargebacks and other rules of the selected gateway.
10.Balances, autopay and withdrawals
Where the Platform enables functionality through which an amount appears as available money, held money or a withdrawable balance, the following rules additionally apply.
10.1Economic ownership
Save for charges, chargebacks, refunds, holds, legal obligations or valid adjustments, balances attributable to the Lender's operations belong economically to that Lender.
The representation of a balance in LendTrack is an operational record and not a bank account or a financial deposit.
10.2No interest accrual
Balances recorded on the Platform do not accrue interest in favor of the Lender.
10.3Held funds
LendTrack or the payment provider may temporarily keep amounts in a held state where reasonably necessary to:
- validate an operation;
- prevent fraud;
- handle a chargeback;
- investigate an irregularity;
- meet regulatory requirements; or
- complete processing.
10.4Withdrawals
Withdrawals may be processed through dLocal or other payout providers.
They may use operational states such as:
- REQUESTED;
- PROCESSING;
- PAID; and
- FAILED.
10.5Verification
LendTrack may request:
- identity;
- bank information;
- account ownership;
- RNC;
- corporate documentation;
- ultimate beneficial owner information;
- source of funds; or
- any other reasonably necessary information.
Missing documentation may prevent or delay a withdrawal.
10.6Failures and reversals
Where a withdrawal fails:
- the provider may reverse the operation;
- LendTrack may restore the available balance according to the confirmed state of the transaction; and
- the Lender must correct the necessary information before requesting a new withdrawal.
10.7Timelines
The times indicated for a withdrawal are estimates unless expressly guaranteed in writing.
Banking, regulatory, third-party or verification delays may extend the timeline.
10.8Account closure with a balance
Termination of the account does not automatically extinguish a balance legitimately owed to the Lender.
LendTrack may require identity, ownership and compliance verification before making the final payment.
Funds that cannot lawfully be disbursed may be retained, returned to source, deposited in escrow or handled in accordance with applicable law.
11.Personal Data and the roles of the parties
11.1Client data managed by the Lender
With respect to Personal Data that the Lender enters or manages about its Clients:
the Lender acts as data Controller and LendTrack acts, as a general rule, as data Processor on the Lender's behalf.
LendTrack will process that data in order to provide, secure, maintain and operationally improve the contracted services, in accordance with the Lender's valid instructions, these Terms, the applicable DPA and applicable law.
11.2Account data
With respect to information necessary to:
- administer the contractual relationship;
- invoice;
- authenticate users;
- prevent fraud;
- protect the Platform;
- keep corporate records;
- respond to legal requirements; or
- administer LendTrack's own operation,
LendTrack may act as data Controller.
11.3Lender obligations
The Lender represents and warrants that it has a valid legal basis to:
- collect;
- use;
- retain;
- disclose;
- upload to LendTrack; and
- instruct the processing of
all Personal Data it brings into the Platform.
This includes in particular information about:
- Borrowers;
- co-debtors;
- guarantors;
- personal references;
- family members;
- employees; and
- other third parties.
11.4Duty to inform
Where the Lender uploads third-party data, it must have provided the privacy notices and obtained the consents required by applicable law.
11.5Categories of information
Depending on the functionality used, the Platform may process:
- names;
- national ID (cédula) or other identity documents;
- contact information;
- address;
- employment activity;
- income;
- references;
- personal relationships;
- credit information;
- loan history;
- payments;
- documents;
- identification documents;
- contracts;
- receipts;
- bank information;
- IP;
- user-agent;
- dates and times;
- consent records;
- audit activity;
- communications;
- applications; and
- conversations with artificial intelligence tools.
11.6Security
LendTrack will implement technical and organizational measures that are reasonable and proportionate to the nature of the service.
The Platform may incorporate encryption for certain categories of information and additional security controls.
Nothing in these Terms shall be construed as a guarantee of absolute security or as a statement that all stored data is encrypted by the same mechanism.
11.7Transfers and international providers
The Lender acknowledges that certain Third-Party Providers may process data outside the Dominican Republic.
LendTrack will endeavor to use contractual mechanisms and reasonable measures where required.
11.8DPA
Where applicable, the processing of Personal Data is additionally subject to the LendTrack Pro Data Processing Addendum or Agreement (“DPA”), incorporated into these Terms by reference.
In the event of a conflict regarding the processing of Personal Data, the DPA prevails over the general provisions of these Terms.
12.Borrower Portal
LendTrack may provide links, tokens or portals through which a Borrower can:
- view information;
- check their obligation;
- obtain documents;
- communicate;
- make payments; or
- use other functions enabled by their Lender.
12.1Source of the information
The information displayed in such portals comes primarily from the records managed by the Lender.
Disputes regarding:
- balance;
- principal;
- interest;
- late charges;
- payment date;
- contract;
- obligation; or
- credit terms
must be resolved primarily with the relevant Lender.
12.2Payment calculation
Where a portal allows a payment to be made, the amounts authorized for processing are determined or validated by the server and not solely by data supplied from the user's browser or device.
12.3Link security
Users must not share private links, codes or access tokens.
13.Loan application marketplace
13.1Nature
LendTrack may operate a system through which a person completes an application so that it can be reviewed by participating Lenders.
Submitting an application may be free of charge for the Applicant.
13.2Not an approval
Submitting an application:
- does not create a loan;
- does not constitute approval;
- does not guarantee contact;
- does not constitute an offer; and
- does not oblige any Lender to grant financing.
13.3Assignment
Applications may be added to a pool available to certain Lenders.
A Lender may temporarily claim an application.
The system may:
- set a maximum assignment time;
- automatically release an application for inactivity;
- allow another Lender to claim it later; and
- keep a history of such assignments.
As a result, a Lead may be claimed by more than one Lender at different times.
13.4Disclosure of information
By voluntarily submitting an application, the Applicant authorizes, subject to applicable law and privacy notices, that the necessary information be made available to the Lender that validly claims that application.
Once transferred or disclosed to the Lender, that Lender may become an independent Controller of the corresponding processing.
13.5No agency
Unless expressly disclosed otherwise:
- the Lender is not an agent of LendTrack;
- LendTrack is not an agent of the Lender;
- LendTrack does not negotiate credit on the Applicant's behalf; and
- the technological assignment of a Lead does not imply a recommendation of the Lender.
13.6Commission
If a commission is established in the future, its terms must be communicated separately and transparently before the corresponding obligation arises.
13.7Unconverted Leads
Unconverted applications may expire and be deleted or anonymized in accordance with the retention policy in force, unless a legal retention obligation exists.
14.Artificial intelligence
14.1Features
LendTrack may provide artificial intelligence tools, including functionality known as “LT-Brain”, document analysis, OCR, operational assistance, risk analysis and other features.
14.2Probabilistic nature
Responses generated by artificial intelligence may:
- contain errors;
- omit information;
- misinterpret data;
- produce mistaken inferences; or
- generate results that are unsuitable for a particular case.
The Lender must review every output before using it.
14.3No automated credit decision
Unless a different regulated service is expressly contracted in the future:
LendTrack does not itself make the decision to approve or decline credit.
Scores, risk profiles, recommendations and analyses are support tools.
The final decision belongs to the Lender.
14.4Human responsibility
The Lender is responsible for any decision made using AI-generated results.
14.5Data used
Depending on the function requested, the AI may receive:
- User instructions;
- selected tenant information;
- documents;
- fragments retrieved through RAG;
- Client-related information; and
- context from previous conversations.
14.6Memory
Certain features may retain:
- preferences;
- working rules;
- persistent instructions; and
- conversation summaries.
Where the corresponding functionality is available, the Lender may request or carry out the deletion of that memory, subject to records that must legitimately be retained for security or compliance.
14.7Providers
LendTrack may use external artificial intelligence providers, including OpenAI.
The use of information by such providers is subject to the contractual and privacy configuration that LendTrack has in force with them.
LendTrack does not state in these Terms that a specific Zero Data Retention arrangement exists, or that data can never be used for training, until that condition has been contractually verified and expressly published.
15.Credit bureau
The Platform may allow integration with credit information providers, including Equifax, TransUnion or other available providers.
15.1Consent
The Lender may only run a query where it holds:
- valid consent;
- legitimate cause; and
- any other authorization required by applicable regulation.
15.2Evidence
LendTrack may record evidence of consent, including:
- type of authorization;
- version of the text;
- date and time;
- IP;
- user-agent; and
- the corresponding PDF document.
15.3Responsibility
The technical availability of a lookup function is not legal authorization to use it.
The Lender is answerable for the lawfulness of each query.
It is prohibited to use these functions for:
- curiosity;
- surveillance;
- unlawful discrimination;
- searching for people without cause;
- harassment; or
- any unauthorized purpose.
16.Identity verification
LendTrack may provide tools to validate national ID (cédula), identity or other background information available through authorized sources.
A match, a non-match or a technical result is not an absolute guarantee as to a person's identity, solvency, background or legitimacy.
The Lender must carry out any additional verification required.
17.Electronic invoicing and DGII
17.1Technology tool
LendTrack may provide infrastructure to generate, sign, transmit, query or manage electronic tax receipts (e-CF).
17.2The Lender as taxpayer
e-CF documents relating to the Lender's operations must use, where applicable:
- the Lender's RNC;
- its certificates;
- its sequences;
- its tax configuration; and
- its authorized credentials.
17.3Tax responsibility
The Lender is responsible for:
- being authorized to issue;
- providing correct tax information;
- keeping its certificates valid;
- using valid sequences;
- classifying operations correctly;
- retaining the required documents; and
- complying with DGII regulations.
17.4External availability
LendTrack does not control the availability of DGII systems.
Unavailability, rejection or delay of the external tax system may prevent or delay the issuance or validation of a receipt.
17.5No guarantee of acceptance
The technical generation of a document within LendTrack does not guarantee that it has been accepted by the DGII.
The Lender must verify tax status where the nature of the operation requires it.
18.Documents and security scanning
Files uploaded to the Platform may undergo automated processes intended to detect malicious content.
These processes may involve external providers such as VirusTotal and may involve sending:
- hashes;
- metadata; or
- where applicable under the configuration used, files
to external analysis services.
The Lender must not upload files whose disclosure to the providers necessary to deliver the service is prohibited.
19.WhatsApp, SMS, email and notifications
19.1Channels
LendTrack may enable communications through:
- WhatsApp;
- SMS;
- email;
- web notifications;
- mobile push; or
- other channels.
19.2Consent
The Lender warrants that it holds the consents and legal bases necessary to contact each recipient.
19.3Prohibitions
It is prohibited to use LendTrack for:
- spam;
- harassment;
- threats;
- intimidating collections;
- misleading messages;
- impersonation;
- unauthorized mass communications; or
- any unlawful communication.
19.4Opt-out
The Lender must honor valid requests to opt out of or stop communications.
19.5External costs
The recipient may incur data, SMS, roaming or carrier charges under their own provider.
19.6Privacy of phone numbers
The Lender acknowledges that sending debt-related information to an incorrect, reassigned or third-party phone number may result in unauthorized disclosure.
The Lender must reasonably verify contact information.
20.Public API
20.1Keys
LendTrack may issue API keys associated with:
- tenants;
- scopes;
- test environments; and
- live environments.
Keys must be kept confidential.
20.2Responsibility
The Lender is responsible for the applications, servers and users to which it provides access to an API key.
20.3Revocation
LendTrack may revoke a key that is compromised, abusive, insecure or used in breach of these Terms.
20.4Limits
LendTrack may set:
- rate limits;
- quotas;
- scopes;
- anti-fraud controls; and
- reasonable technical restrictions.
20.5Versioning
LendTrack may modify, version or retire endpoints.
Where a material change affects production integrations, LendTrack will endeavor to give reasonable prior notice where circumstances allow.
21.Webhooks
The Platform may send events through webhooks.
21.1Delivery
Delivery may use queues and retries.
LendTrack does not guarantee exactly-once delivery.
The same event may:
- be delivered more than once;
- arrive late; or
- fail temporarily.
21.2Idempotency
The Lender's systems must implement idempotent controls and validate the signatures or authentication mechanisms provided by LendTrack.
22.Administrative access and support
22.1Authorized LendTrack access
Authorized LendTrack personnel may access a tenant and, where necessary, perform actions within it in order to:
- provide requested support;
- investigate incidents;
- correct errors;
- carry out migrations;
- recover information;
- address integrity issues;
- respond to regulatory or judicial requirements;
- prevent fraud;
- protect security; or
- maintain the Platform.
22.2Administrative action
In certain cases, an authorized LendTrack administrator may perform actions on:
- Clients;
- loans;
- settings;
- documents;
- recorded payments; or
- other Lender resources.
Where technically applicable, these actions may be identified in audit records.
22.3Necessity principle
LendTrack will endeavor to limit such access to authorized personnel and to situations reasonably connected with the purposes above.
22.4No improper commercial use
Administrative access does not authorize LendTrack personnel to use the Lender's Client information for independent personal or commercial purposes.
23.Security
LendTrack may use controls such as:
- authentication through Better Auth;
- email and password;
- Google OAuth;
- passkeys/WebAuthn;
- multi-factor authentication;
- sessions;
- password reset;
- rate limiting;
- webhook validation;
- file scanning;
- auditing;
- role-based controls;
- session revocation;
- step-up authentication;
- selective encryption;
- monitoring; and
- other reasonable measures.
No computer system can guarantee zero risk.
The Lender must maintain its own security controls.
24.Multi-tenant architecture
LendTrack uses a multi-tenant architecture.
Authorization controls and tenant separation are implemented primarily through the application's logic and authorization mechanisms.
LendTrack does not represent that each tenant necessarily has a physically separate database or independent cryptographic isolation.
Sharing technological infrastructure does not authorize a Lender to access information belonging to another tenant.
25.Availability, maintenance and automated processes
25.1No SLA absent a written agreement
Unless a separate enterprise agreement expressly establishes an SLA, LendTrack does not guarantee any specific availability percentage.
25.2Interruptions
The service may suffer interruptions due to:
- maintenance;
- failures;
- third parties;
- the Internet;
- cloud providers;
- gateways;
- DGII;
- security incidents;
- force majeure; or
- other events.
25.3Automations
Processes such as:
- autopay;
- reminders;
- dunning;
- scoring;
- reconciliation;
- closings;
- invoicing;
- webhooks;
- payouts; and
- scheduled tasks
may be delayed or fail.
25.4Duty to verify
The Lender must verify that a critical action has in fact been completed.
Scheduling a collection or a reminder is not a guarantee of execution.
26.Client Content
The Lender retains the rights it lawfully holds over its Client Content.
The Lender grants LendTrack a limited, non-exclusive license, for as long as necessary, to:
- host;
- technically copy;
- transform;
- process;
- transmit;
- back up;
- display; and
- use
the Client Content solely to the extent necessary to provide, protect and maintain the Platform or to comply with legal obligations.
27.LendTrack intellectual property
LendTrack and its licensors retain all rights over:
- software;
- code;
- design;
- interfaces;
- trademarks;
- logos;
- documentation;
- models;
- methodologies;
- APIs;
- compilations;
- technical foundations; and
- any other element proper to the Platform.
Purchasing the service grants only a limited, revocable, non-exclusive, non-transferable right, subject to these Terms, to use the Platform during the authorized period.
28.Confidentiality
Each party must reasonably protect the non-public confidential information received from the other.
Information is not confidential where it:
- is publicly known without breach;
- was already lawfully known;
- is lawfully received from a third party; or
- must be disclosed by legal mandate.
Where disclosure is legally required, the receiving party may make it to the extent mandated.
29.Acceptable use
The Lender and its Authorized Users undertake to use the Platform solely for lawful purposes.
30.Prohibited uses
It is expressly prohibited to use LendTrack for:
- a.unlawful operations;
- b.money laundering or terrorist financing;
- c.loans or charges contrary to mandatory rules;
- d.abusive collection practices;
- e.threats, coercion or intimidation;
- f.storing Personal Data without a legitimate basis;
- g.running unauthorized bureau queries;
- h.impersonating identities;
- i.falsifying documentation;
- j.sending spam;
- k.sharing credentials;
- l.unlawfully selling or sublicensing access;
- m.circumventing plan limits;
- n.accessing third-party tenants;
- o.attempting to discover vulnerabilities without written authorization;
- p.carrying out unauthorized penetration, load or denial-of-service testing;
- q.abusive scraping;
- r.decompiling or reverse engineering, except where a mandatory rule expressly allows it;
- s.interfering with security measures;
- t.using malware;
- u.automating access in breach of technical limits;
- v.using artificial intelligence to generate fraudulent, misleading or abusive content; or
- w.using the service in any way that may cause material harm to LendTrack, its users or third parties.
31.Auditing and immutable records
The Platform may keep audit records designed to preserve historical evidence of:
- actor;
- operation;
- date;
- time;
- IP;
- changes;
- previous values;
- subsequent values; and
- relevant events.
Certain audit and billing records are intentionally append-only or immutable.
Accordingly, such records may be retained even after modification or deletion requests where their retention is necessary for:
- security;
- fraud prevention;
- legal defense;
- accounting integrity;
- tax obligations;
- regulatory compliance; or
- another legitimate basis.
32.Data retention
32.1While the account is active
While the account remains active, LendTrack will retain the data necessary to provide the service and comply with its obligations.
32.2Termination
Post-termination retention is subject to:
- tax obligations;
- litigation;
- fraud prevention;
- auditing;
- contractual obligations;
- backups;
- investigations; and
- regulatory requirements.
32.3Deletion is not absolute
A deletion request does not necessarily imply the immediate destruction of all records.
Data may be retained where retention is:
- legally required;
- necessary to establish, exercise or defend rights;
- necessary for security;
- necessary for ledger integrity;
- necessary for auditing; or
- technically present, temporarily, in backups subject to a deletion cycle.
32.4Test accounts
Accounts expressly identified as test, sandbox, demo or temporary accounts may be deleted automatically upon expiry of the stated period.
The user must export any information they wish to keep.
33.Export and portability
The Platform may provide exports in:
- CSV;
- Excel;
- PDF; or
- other formats.
Before terminating an account, the Lender must export the information it needs to keep.
LendTrack recommends that Lenders keep independent copies of critical legal, tax or commercial information.
34.Backups
LendTrack's backup mechanisms are part of its internal continuity processes and do not constitute a permanent archiving service contracted by the Lender.
The Lender must not use LendTrack as the only copy of documents whose retention is legally mandatory.
35.Third-party services
The Platform depends on Third-Party Providers.
The unavailability, modification, suspension or termination of a provider may affect certain functionality.
Where reasonably possible, LendTrack may replace a provider with a functionally equivalent one.
LendTrack does not guarantee the independent operation of external services it does not control.
36.Subprocessors and principal providers
Depending on the functionality used, providers may include:
| Provider | Function |
|---|---|
| Supabase | Database, PostgreSQL, Realtime and related functions |
| AWS S3 | Document and file storage |
| Cloudinary | Image management |
| Upstash Redis | Cache and rate limiting |
| Better Auth | Authentication infrastructure |
| OAuth and associated services | |
| PayPal | LendTrack payments and compatible payment connections |
| Stripe | Processing connected by Lenders |
| dLocal | Payments and/or payouts |
| Azul | Payment processing |
| Twilio | WhatsApp and SMS |
| EmailJS | Email communications |
| Pusher | Real-time events and presence |
| OpenAI | Artificial intelligence |
| VirusTotal | File security analysis |
| Equifax | Credit information where enabled |
| TransUnion | Credit information where enabled |
| DGII | Electronic invoicing |
| PDF.co | Document processing |
| Google Analytics | Web analytics |
| Vercel | Hosting, execution and traffic |
The list may change as the Platform evolves.
Material changes affecting the processing of Personal Data may additionally be reflected in the DPA or the Privacy Policy.
37.Warranties
LendTrack will provide the service with a reasonable level of technological diligence.
Without prejudice to rights that cannot be excluded by law, the Platform is provided on a technological availability model and it is not guaranteed that it will:
- remain free of errors;
- operate without interruption;
- meet every particular need;
- produce specific financial results;
- avoid credit losses;
- detect all fraud;
- identify all errors;
- prevent all attacks; or
- guarantee the Lender's regulatory compliance.
38.Limitation of liability
To the maximum extent permitted by applicable law, LendTrack will not be liable for:
- loss of profit;
- loss of opportunity;
- loss of reputation;
- indirect loss of revenue;
- consequential damages;
- special damages;
- the Lender's credit decisions;
- Borrower default;
- rates set by the Lender;
- collection practices;
- the Lender's tax breaches;
- unlawful credit queries;
- incorrect information entered by users;
- the actions of Authorized Users;
- third-party provider failures; or
- loss arising solely from the Lender's failure to keep the backups it should reasonably have kept.
38.1Aggregate cap
To the maximum extent permitted by law, LendTrack's aggregate contractual liability arising out of or in connection with the service will not exceed the amount actually paid by the Lender to LendTrack during the twelve (12) months immediately preceding the event giving rise to the claim.
For free accounts, the limits permitted by applicable law may apply.
38.2Exceptions
Nothing in this section limits liability where such limitation is prohibited by a mandatory rule.
39.Indemnity
To the maximum extent permitted by applicable law, the Lender undertakes to defend, indemnify and hold harmless LendTrack, its directors, employees and contractors against third-party claims, penalties, costs and reasonable expenses arising from:
- the Lender's lending activity;
- its contracts;
- its rates;
- its collections;
- its collection practices;
- its tax obligations;
- data uploaded without a legal basis;
- bureau queries run without authorization;
- unlawful communications;
- infringement of third-party rights;
- the conduct of its Authorized Users; or
- material breach of these Terms.
This obligation does not extend to the proportion of damage directly attributable to LendTrack's conduct where the law validly prohibits excluding liability.
40.Suspension
LendTrack may suspend an account in whole or in part where there is reasonable cause relating to:
- breach of these Terms;
- fraud;
- security risk;
- unlawful use;
- payment default;
- a requirement of a competent authority;
- risk to third parties;
- infrastructure abuse;
- compromised credentials; or
- an urgent need to protect the Platform.
Where reasonably possible and where it does not compromise an investigation or security, LendTrack will endeavor to communicate the cause of suspension.
41.Termination by the Lender
The Lender may stop renewing its service or request account closure through the available mechanisms.
Termination:
- does not automatically generate a refund;
- does not extinguish payment obligations already accrued;
- does not automatically delete records subject to retention; and
- does not cancel existing obligations between Lender and Borrower.
42.Termination by LendTrack
LendTrack may terminate an account for:
- material breach;
- illegal activity;
- fraud;
- abusive use;
- prolonged non-payment;
- a legal order; or
- circumstances in which continuing to provide the service creates disproportionate legal or security risk.
Where termination is not urgent, LendTrack will endeavor to give reasonable notice.
43.Effect of termination
Following termination:
- 1.the right to access the contracted functionality ceases;
- 2.export mechanisms may be temporarily maintained where LendTrack so allows;
- 3.outstanding obligations must be settled;
- 4.withdrawable balances are handled in accordance with Section 10;
- 5.records subject to retention remain stored for the applicable period; and
- 6.certain provisions survive, including intellectual property, confidentiality, liability, indemnity, records, tax obligations and dispute resolution.
44.Modifications to the Terms
LendTrack may modify these Terms to reflect:
- new functionality;
- legal changes;
- regulatory changes;
- provider changes;
- new risks;
- commercial changes; or
- changes in operations.
Material changes will be notified through one or more of the following means:
- email;
- in-Platform notice;
- dashboard;
- website; or
- another reasonable means.
44.1Material commercial changes
The initial activation of a Platform Fee, a material price change or a substantial change in financial obligations must be communicated with reasonable advance notice before applying to new operations, unless a legal obligation requires immediate application.
44.2Continued use
After the effective date of a validly notified modification, voluntary continued use of the Platform constitutes acceptance of the modified Terms, to the extent permitted by law.
Where required, LendTrack may require a new express acceptance.
45.Electronic evidence and acceptance
The parties agree that LendTrack may retain electronic evidence relating to:
- acceptance of the Terms;
- the version accepted;
- user;
- tenant;
- date;
- time;
- IP;
- user-agent;
- authentication;
- operations;
- consents; and
- audit events.
Such records may be used as evidence of the actions carried out through the Platform in accordance with applicable law on documents, data messages and electronic commerce.
46.Notices
Contractual communications may be sent to the email associated with the OWNER account or to the administrative email registered by the Lender.
It is the Lender's responsibility to keep that address up to date.
General support: soporte@lendtrackpro.com.
47.Assignment
The Lender may not assign these Terms or transfer its account to a third party without LendTrack's prior consent, except for a permitted and duly notified corporate reorganization.
LendTrack may assign these Terms in connection with:
- corporate reorganization;
- merger;
- acquisition;
- sale of assets;
- investment;
- business succession; or
- transfer of the operation,
subject to applicable law and to the continuity of the corresponding protection obligations.
48.Force majeure
Neither party will be liable for breaches caused by events beyond its reasonable control, including:
- natural disasters;
- war;
- civil unrest;
- widespread Internet failures;
- governmental acts;
- extraordinary power outages;
- systemic provider failures;
- widespread cyberattacks; or
- similar events,
without prejudice to obligations that cannot lawfully be suspended.
49.Severability
If a provision of these Terms is declared invalid, illegal or unenforceable, it must be construed or limited to the minimum extent necessary to make it valid where legally possible.
The remaining provisions remain in force.
50.No waiver
Failure to exercise a right does not constitute a waiver of it.
51.Entire agreement and order of precedence
These Terms, together with the documents expressly incorporated by reference, constitute the agreement applicable to the use of the Platform.
Where the following exist simultaneously:
- 1.an individually signed enterprise agreement;
- 2.a Service Order or Order Form;
- 3.a DPA;
- 4.these Terms; and
- 5.operational documentation,
they prevail in that order with respect to the matter specifically governed, unless the relevant document expressly establishes a different order of precedence.
52.Governing law
These Terms are governed by and construed in accordance with the laws of the Dominican Republic, without prejudice to any applicable mandatory rules.
53.Jurisdiction
Unless a mandatory rule provides otherwise, the parties submit to the competent courts of Santo Domingo, Dominican Republic for disputes arising out of these Terms.
54.Language
LendTrack may provide versions of these Terms in Spanish and English.
In the event of a contradiction between translations, the Spanish version prevails, unless a particular agreement expressly provides otherwise.
55.Special terms for Borrowers
Where a Borrower uses a portal, payment link, bot or other LendTrack interface, that Borrower:
- 1.acknowledges that LendTrack provides the technological infrastructure;
- 2.acknowledges that their Lender is the party administering the loan;
- 3.must direct disputes about the obligation to the Lender;
- 4.must not attempt to access other people's information;
- 5.must keep their links and credentials private;
- 6.must provide true information;
- 7.may be subject to the conditions of the gateway used; and
- 8.continues to enjoy all rights granted by applicable law that cannot validly be limited by contract.
56.Special terms for Applicants
By voluntarily completing a loan application through LendTrack, the Applicant:
- 1.requests that their information may be considered by participating Lenders;
- 2.acknowledges that LendTrack does not guarantee approval;
- 3.acknowledges that LendTrack does not determine the rate or terms a Lender may offer;
- 4.authorizes disclosure of the application to the Lender that validly claims it, subject to the applicable privacy notice;
- 5.acknowledges that the application may return to the pool if an assignment expires;
- 6.must provide true information; and
- 7.may exercise their privacy rights in accordance with applicable law and the corresponding Privacy Policy.
57.Incorporated documents
The following form part of the LendTrack contractual framework, as applicable:
- Privacy Policy;
- DPA or Data Processing Addendum;
- Plans and Pricing page;
- specific API policies;
- specific marketplace terms;
- bureau consent;
- third-party provider policies; and
- any expressly accepted Service Order.
58.Corporate information
- Trade name
- LendTrack Pro
- Website
- lendtrackpro.com
- Support
- soporte@lendtrackpro.com
Annex A — Providers and subprocessors
Depending on the functionality contracted, LendTrack may use infrastructure and processing providers.
These may include:
Supabase
- Purpose:
- PostgreSQL, database, Realtime, operational storage and related services.
- Information:
- Tenant operational data.
Amazon Web Services / S3
- Purpose:
- File storage.
- Information:
- Documents, identification documents, contracts and receipts.
Cloudinary
- Purpose:
- Image processing and storage.
- Information:
- Images, logos and graphic assets.
Upstash
- Purpose:
- Redis, cache and rate limiting.
- Information:
- Technical, session or tenant identifiers depending on the functionality.
Better Auth
- Purpose:
- Authentication and session management.
- Information:
- Credentials, identifiers and authentication-related data.
- Purpose:
- OAuth and analytics where applicable.
- Information:
- Email, account identifiers and/or browsing data depending on the service.
PayPal
- Purpose:
- Plan payments and other enabled functionality.
- Information:
- Transaction-related data.
Stripe
- Purpose:
- Gateway connected by Lenders.
- Information:
- Information necessary for payment processing.
dLocal
- Purpose:
- Payments and payouts.
- Information:
- Payment and banking information necessary to carry out operations.
Azul
- Purpose:
- Payment processing.
- Information:
- Data required for the transaction.
Twilio
- Purpose:
- WhatsApp and SMS.
- Information:
- Phone numbers and the content necessary for the communications.
EmailJS
- Purpose:
- Transactional emails.
- Information:
- Email address and the content required for delivery.
Pusher
- Purpose:
- Real-time notifications and presence.
- Information:
- Technical and session events.
OpenAI
- Purpose:
- Artificial intelligence, analysis, assistance and enabled processing.
- Information:
- Prompts and information fragments necessary to execute the requested function.
VirusTotal
- Purpose:
- Malicious file detection.
- Information:
- Hashes, metadata or files depending on the technical configuration.
Equifax / TransUnion
- Purpose:
- Authorized credit information queries.
- Information:
- Identification data necessary for the query.
Dirección General de Impuestos Internos
- Purpose:
- Electronic invoicing.
- Information:
- Tax information contained in the receipts.
PDF.co
- Purpose:
- PDF document processing.
- Information:
- Documents whose operation requires the service.
Vercel
- Purpose:
- Hosting, execution and delivery of the Platform.
- Information:
- Traffic, requests, logs and data processed by the hosted functions.
LendTrack may replace, remove or add providers where necessary to deliver the service.
Annex B — Data processing principles
In its capacity as Processor of the Personal Data controlled by the Lender, LendTrack will endeavor to:
- 1.process the data solely for the purposes necessary to provide the service and for the legitimate instructions received;
- 2.maintain reasonable confidentiality duties;
- 3.apply reasonable technical and organizational measures;
- 4.control administrative access;
- 5.use subprocessors where necessary;
- 6.reasonably cooperate with the Lender in handling valid data subject requests;
- 7.maintain procedures relating to security incidents;
- 8.retain data for legitimate periods; and
- 9.delete or return information where appropriate, subject to the applicable legal and technical exceptions.
Additional details must be set out in the DPA.
Annex C — Items to be completed before publishing this version
This version must not be published as the final contractual version without completing the following items:
- 1.Exact registered name of the operator of LendTrack Pro.
- 2.RNC.
- 3.Registered address.
- 4.Legal email.
- 5.Privacy email.
- 6.Final post-termination retention period.
- 7.Confirmation of whether a converted-Lead commission exists.
- 8.Final tax policy for the Platform Fee.
- 9.LendTrack's tax status regarding NCF/e-CF and ITBIS.
- 10.Final contractual configuration with OpenAI regarding the processing and use of information.
- 11.Final DPA.
- 12.Privacy Policy aligned with these Terms.
Until those items have been determined, LendTrack must not make contradictory statements on its landing page, checkout, Privacy Policy, API documentation or other public pages.
End of the Terms and Conditions