These Terms of Service (“Terms”) govern your use of the services provided by Funders App, LLC (“Funders App,” “we,” “our,” or “us”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.
Description of Services
Funders App provides an online merchant cash advance management platform that connects individuals with organizations seeking funding (“Funders”) and potential investors and syndicators (“Investors”). Our services include but are not limited to facilitating merchant cash advances, managing financial transactions, and providing related features and functionalities.
User Responsibilities
A. Eligibility: By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a contract. If you are accessing our services on behalf of an entity, you further represent that you have the authority to bind that entity to these Terms.
B. Account Creation: In order to access certain features of our services, you may need to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
C. Compliance: You agree to use our services in compliance with applicable laws, regulations, and these Terms. You will not engage in any activity that interferes with or disrupts the functionality of our services or infringes upon the rights of others.
Intellectual Property
All intellectual property rights related to our services, including but not limited to trademarks, copyrights, patents, trade secrets, and proprietary information, are owned by Funders App or our licensors. You are granted a limited, non-exclusive, non-transferable license to use our services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or exploit any portion of our services without prior written consent from Funders App.
Third-Party Content and Links
Our services may contain links to third-party websites, applications, or services that are not owned or controlled by Funders App. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third parties. Your interactions with third-party services are solely between you and the respective third party, and you agree that Funders App shall not be liable for any loss or damage arising from such interactions.
Limitation of Liability
To the extent permitted by applicable law, Funders App shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of our services. This includes but is not limited to damages for loss of profits, goodwill, data, or other intangible losses. The total liability of Funders App, regardless of the cause of action, shall be limited to the amount you have paid, if any, for the use of our services.
Indemnification
You agree to indemnify and hold harmless Funders App, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our services, your violation of these Terms, or your violation of any rights of another party.
Termination
We reserve the right to suspend or terminate your access to our services, in whole or in part, at any time and for any reason, without prior notice. Upon termination, all provisions of these Terms which by their nature should survive, including but not limited to intellectual property rights, disclaimers, and limitations of liability, shall continue to apply.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Funders App operates, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the designated arbitration body, and the arbitration shall take place in the designated jurisdiction.
Miscellaneous
A. Entire Agreement: These Terms constitute the entire agreement between you and Funders App regarding the use of our services and supersede any prior agreements or understandings.
B. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
C. Waiver: The failure of Funders App to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
D. Updates: We may update these Terms from time to time. The revised Terms will be posted on our website, and the “Last Updated” date at the beginning of this document will be revised accordingly. You are responsible for reviewing the Terms periodically to stay informed about any changes.
If you have any questions or concerns regarding these Terms, please contact us at info@fundersapp.com.
Last Updated: July 10, 2023
