Terms of Service

Agreement to Terms

By accessing or using the CapitalFunding website, platform, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use our Services.

Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts on behalf of yourself and, if applicable, your business. By using our Services, you represent and warrant that you meet these eligibility requirements. Our Services are intended for business purposes only and are not available to consumers seeking personal, family, or household financing.

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

Marketplace Services

CapitalFunding operates as a business financing marketplace that connects business owners with potential lenders. We are not a lender, bank, or financial institution. We do not make credit decisions or provide financial advice. Our role is limited to collecting your application information and presenting it to lenders in our network who may be interested in providing financing.

No Guarantee of Funding

Submission of an application through CapitalFunding does not guarantee that you will receive a financing offer or that any offer received will be on terms favorable to you. Approval decisions are made solely by the lenders in our network based on their own underwriting criteria, which are subject to change without notice.

Lender Relationships

If you accept a financing offer from a lender in our network, your financing relationship will be governed by the terms and conditions set by that lender, not by CapitalFunding. You should carefully review all lender agreements before accepting any offer. CapitalFunding is not a party to any financing agreement between you and a lender.

Creating an Account

To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading information may result in immediate termination of your account.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach at security@capitalfunding.com. We will not be liable for any loss or damage resulting from unauthorized use of your account.

One Account Per Business

Each business may maintain only one active account on CapitalFunding. Creating multiple accounts to circumvent any limitation or for any other purpose is prohibited and may result in termination of all associated accounts.

Accuracy of Information

You represent and warrant that all information you provide in your application is true, accurate, complete, and not misleading. You authorize CapitalFunding and its lender partners to verify any information you provide, including through credit bureaus, business reporting agencies, and other third-party sources.

Credit Authorization

By submitting an application, you authorize CapitalFunding and lenders in our network to obtain your personal and/or business credit reports. Initial inquiries may be soft pulls that do not affect your credit score. Some lenders may perform hard credit inquiries as part of their underwriting process, which may affect your credit score. We will disclose when a hard pull will occur.

Application Sharing

By submitting an application, you authorize CapitalFunding to share your application information with multiple lenders in our network simultaneously. This allows us to generate competing offers on your behalf. You may receive contact from multiple lenders regarding your application.

No Direct Fees to Applicants

CapitalFunding does not charge applicants any fees for submitting an application or receiving financing offers. Our services are provided at no cost to you at the application stage.

Referral Compensation

CapitalFunding is compensated by lenders in our network when a loan is funded. This compensation may be in the form of a referral fee, origination fee, or other arrangement. The cost of this compensation may be reflected in the interest rate or fees charged by the lender on your loan. We will disclose the nature of our compensation in our offer summaries.

Lender Fees

Lenders in our network may charge origination fees, processing fees, prepayment penalties, and other charges. These fees will be disclosed in the loan offer and agreement provided by the lender. Review all fee disclosures carefully before accepting any offer.

Prohibited Activities

You agree not to use our Services to: submit false, misleading, or fraudulent information; apply for funding for illegal purposes or activities; violate any applicable laws or regulations; infringe the intellectual property rights of CapitalFunding or any third party; transmit viruses, malware, or other harmful code; attempt to gain unauthorized access to our systems; interfere with the proper functioning of our Services; or engage in any activity that could damage, disable, or impair our Services.

Consequences of Violations

Violation of these prohibited use provisions may result in immediate termination of your account, referral to law enforcement authorities, civil or criminal liability, and/or legal action by CapitalFunding to recover damages.

Our Proprietary Rights

The CapitalFunding website, platform, and all content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and software) are owned by CapitalFunding or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any content from our Services without our prior written consent.

Disclaimer of Warranties

Limitation of Liability

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or our Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York. This arbitration agreement does not preclude you from seeking relief in small claims court for disputes within that court's jurisdiction.

Class Action Waiver

Legal Inquiries

For questions about these Terms of Service, please contact our legal team at: legal@capitalfunding.com | CapitalFunding Legal Department | 1234 Finance Street, Suite 500, New York, NY 10001 | Phone: +1 (718) 695-0836.