# Terms of Service
Effective date: May 28, 2026
## 1. Acceptance of Terms
These Terms of Service ("Terms") govern your use of the website operated by Nest & Key Mortgage, LLC (dba Nest & Key) ("Nest & Key," "we," "our," or "us") at nestandkeymortgage.com and any related services we offer (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
## 2. About Our Services
Nest & Key is a Texas-licensed mortgage broker (NMLS #2713979). We assist consumers with mortgage origination services, including pre-approval consultations, loan application processing, and connecting borrowers with mortgage lenders and investors that may fund their loan. We do not directly fund or originate loans ourselves; loans are funded by third-party lenders selected based on the borrower's profile and qualifications.
We are licensed to do business in the State of Texas. Licensing information is available at nmlsconsumeraccess.org.
## 3. Eligibility
To use our Services, you must be at least 18 years old, a U.S. resident, and legally capable of entering into a binding agreement. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
## 4. No Guarantee of Loan Approval
Information provided through our Services, including pre-qualification or pre-approval discussions, is not a commitment to lend. Final approval of any mortgage loan is contingent on, among other things, verification of the information you provide, satisfactory appraisal of the property, lender underwriting, and compliance with applicable laws and regulations. Interest rates, terms, and program availability are subject to change without notice.
## 5. Equal Housing Opportunity and Fair Lending
Nest & Key Mortgage is an Equal Housing Opportunity Lender. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, source of income, familial status, disability, or any other characteristic protected by applicable federal, state, or local law.
## 6. Your Responsibilities
When you use our Services, you agree to:
- provide accurate, current, and complete information in connection with any inquiry or application;
- promptly update any information that changes during the origination process;
- review and respond to communications from us in a timely manner;
- not use our Services for any unlawful purpose or in any way that could damage, disable, or impair our website or interfere with other users' use of it;
- not attempt to gain unauthorized access to any portion of our Services or any related systems.
## 7. SMS Communications
If you provide your mobile phone number and consent to receive text messages, we may send you text messages related to your inquiry or loan application, including appointment reminders, application status updates, document requests, and follow-up to our prior communications.
Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP. Reply HELP for help. Additional information on our SMS practices, including the categories of messages you may receive and our opt-out procedures, is available in our [Privacy Policy](https://www.nestandkeymortgage.com/privacy).
## 8. Third-Party Services
Our Services involve interactions with third parties, including mortgage lenders, investors, credit reporting agencies, appraisers, title companies, and other service providers. Each third party operates under its own terms and privacy practices. We are not responsible for the conduct, content, terms, or privacy practices of third parties. Your interactions with third parties are governed by their own agreements with you.
Our website may also contain links to third-party websites or content. We provide these links for convenience only; we do not endorse and are not responsible for third-party websites or content.
## 9. Intellectual Property
The Nest & Key name, logo, website content, and other materials we provide are our property or the property of our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any of our materials without our prior written consent, except as expressly permitted by applicable law or these Terms.
## 10. No Professional Advice
Information provided through our Services is for general informational purposes only and does not constitute legal, tax, accounting, or financial advice. You should consult qualified professionals before making decisions about a mortgage or any other financial matter.
## 11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEST & KEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
## 12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEST & KEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEST & KEY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES A HIGHER LIMIT (FOR EXAMPLE, IN CONNECTION WITH SPECIFIC OBLIGATIONS UNDER MORTGAGE-ORIGINATION REGULATIONS).
## 13. Indemnification
You agree to defend, indemnify, and hold harmless Nest & Key and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of any third party.
## 14. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. You may stop using the Services at any time. Sections of these Terms that by their nature should survive termination will survive (including Sections 9, 11, 12, 13, 15, and 16).
## 15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services that cannot be resolved through good-faith negotiation will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.
This provision does not limit any rights you may have under federal or state consumer protection laws governing mortgage transactions, including the right to file a complaint with applicable regulators.
## 16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective date" at the top of this page and, for material changes, notify users through our website or by email. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.
## 17. Contact Us
Questions about these Terms can be directed to:
Nest & Key Mortgage, LLC
5900 Balcones Drive, Suite 24826
Austin, Texas 78731
Email: hello@nestandkeymortgage.com
NMLS #2713979
Licensing information available at nmlsconsumeraccess.org. Equal Housing Opportunity Lender. Licensed in Texas.
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## Regulatory Complaints
If you believe Nest & Key has violated any law or regulation, you may file a complaint with:
- Texas Department of Savings and Mortgage Lending — sml.texas.gov
- Consumer Financial Protection Bureau — consumerfinance.gov/complaint
- Nationwide Multistate Licensing System (NMLS) — nmlsconsumeraccess.org