These Terms of Service (the "Terms") govern your access to and use of the Truss-t online lending portal and related websites, applications, and services (collectively, the "Services"), operated by ELEN HOLDINGS LLC ("Truss-t," "we," "us," or "our"). Please read them carefully. By creating an account or using the Services, you agree to these Terms.
1. Agreement to these Terms
By accessing or using the Services, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services. If you are using the Services on behalf of a company, partnership, LLC, trust, or other legal entity, you represent that you are authorized to bind that entity, and "you" refers to both you and that entity.
2. About Truss-t
Truss-t operates an online portal that helps real-estate investors and property owners apply for, receive, manage, and service short-term real-estate financing, including bridge, fix-and-flip, and other business-purpose (non-owner-occupied, non-QM) loans. Lending products are offered through Truss-t and/or its lending affiliates and funding partners, subject to applicable licensing. Truss-t is an Equal Housing Lender. Lending is available only where Truss-t and its partners are authorized to lend.
3. Eligibility
- You must be at least 18 years old and able to form a legally binding contract.
- The Services are intended for business-purpose, investment, and commercial real-estate financing — not for personal, family, or household (consumer) mortgages on a primary residence.
- You must provide accurate registration information and keep it current.
- Access may be restricted in certain jurisdictions where we are not licensed or authorized to operate.
4. The Services
The Services let you create an account, submit loan applications and supporting documents, receive and review term sheets, request and track construction/renovation draws, exchange messages and documents with our team, and manage your loans online. The portal is an informational and administrative tool. It is not itself a loan, a loan offer, or a loan agreement, and using it does not create a lending relationship.
5. Not a Commitment to Lend
Submitting an application or information through the Services does not obligate Truss-t to extend credit. All applications are subject to underwriting, verification, property valuation, title and insurance review, and final approval. Rates, points, fees, loan amounts, and other terms are estimates until set out in a signed term sheet and final loan documents, and may change or be withdrawn at any time before closing. Any pre-approval or term sheet is conditional and non-binding except as expressly stated in it.
6. Your Account
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to use a strong, unique password and to enable any offered security features.
- Notify us immediately at elen.investors@gmail.com if you suspect unauthorized access.
- We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used unlawfully or fraudulently.
7. Loan Documents Control
If you obtain a loan, that loan is governed by the separate loan documents you sign — including the promissory note, loan agreement, mortgage or deed of trust, guaranty, and related disclosures (the "Loan Documents"). In the event of any conflict between these Terms or anything shown in the portal and the Loan Documents, the Loan Documents control. Balances, fees, interest, and other figures shown in the portal are provided for convenience and may not reflect the official records, which are maintained under the Loan Documents.
8. Your Representations
Each time you use the Services or submit information, you represent and warrant that: (a) all information and documents you provide are true, accurate, complete, and not misleading; (b) you have the right to provide them; (c) the documents you upload are genuine and unaltered; and (d) your use of the Services complies with all applicable laws. Providing false information may result in denial of credit, termination of your account, and referral to authorities.
9. Electronic Communications & E-Sign Consent
By using the Services, you consent to receive communications, disclosures, agreements, notices, and records electronically, and you agree that electronic signatures, records, and consents have the same legal effect as handwritten signatures and paper records under the U.S. E-SIGN Act and similar laws. You may withdraw this consent or request paper copies by contacting elen.investors@gmail.com, though doing so may limit or delay your ability to use the Services. To access electronic records you need a current web browser, internet access, and a valid email address.
10. Fees
Creating and using the portal is free. Any fees associated with a loan — such as origination points, wire, servicing, draw, or third-party fees — are disclosed in your term sheet and Loan Documents and are separate from these Terms.
11. Acceptable Use
You agree not to: (a) use the Services for any unlawful, fraudulent, or unauthorized purpose; (b) submit false, stolen, or another person's information; (c) attempt to gain unauthorized access to any account, system, or data; (d) interfere with, disrupt, scrape, reverse-engineer, or overload the Services; (e) upload malware or harmful code; or (f) use the Services to violate the rights of others. We may investigate and take appropriate action, including suspending access and cooperating with law enforcement.
12. Third-Party Services
The Services rely on third-party providers (for example, cloud hosting, authentication, email delivery, mapping, e-signature, credit, title, and insurance partners). We are not responsible for third-party services or content, and your use of them may be subject to their own terms. Links to third-party sites are provided for convenience and are not endorsements.
13. Intellectual Property
The Services, including all software, text, graphics, logos, and design, are owned by Truss-t or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You retain ownership of the documents and content you upload but grant us a license to use them as needed to provide the Services and process your loan. You may not copy, modify, distribute, or create derivative works from the Services without our permission.
14. Privacy
Our collection and use of your information is described in our Privacy Policy. As a financial services provider, we handle nonpublic personal information in accordance with applicable privacy laws, including the Gramm-Leach-Bliley Act (GLBA).
15. Fair Lending
Truss-t is committed to fair lending. Consistent with the Equal Credit Opportunity Act (ECOA), we do not discriminate against any credit applicant on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to contract), because all or part of the applicant's income derives from a public-assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. Truss-t is an Equal Housing Lender.
16. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, error-free, or that information shown will be accurate or up to date. Nothing in the Services constitutes legal, tax, financial, or investment advice.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TRUSS-T AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED USD $100 OR THE AMOUNT YOU PAID US TO USE THE PORTAL (WHICH IS TYPICALLY $0), WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
18. Indemnification
You agree to indemnify and hold harmless Truss-t and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your content or submissions, your violation of these Terms, or your violation of any law or third-party right.
19. Governing Law & Disputes
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. Except where prohibited, you and Truss-t agree that any dispute relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court, and you and Truss-t waive the right to a jury trial and to participate in a class action. This section does not apply to disputes governed exclusively by your Loan Documents, which contain their own dispute-resolution terms. You may opt out of arbitration within 30 days of first accepting these Terms by emailing elen.investors@gmail.com.
20. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide additional notice (such as by email or an in-portal notice). Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
21. Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access at any time if you violate these Terms or if we discontinue the Services. Termination of your portal account does not affect any outstanding loan, which remains governed by your Loan Documents. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
22. Miscellaneous
These Terms, together with the Privacy Policy and any Loan Documents, are the entire agreement between you and Truss-t regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Headings are for convenience only.
23. Contact Us
Questions about these Terms? Contact us at:
ELEN HOLDINGS LLC (operating as Truss-t)
9131 Kilbourn Ave, Skokie, IL 60076
Email: elen.investors@gmail.com
Web: www.truss-t.com