Terms of Service

By accessing or using the Site, or by clicking "continue" when the option is presented to you, you confirm that you have read, understand, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. You are encouraged to save a copy of this agreement for your records. If you do not agree to these Terms or our Privacy Policy, in whole or in part, you must not use the Site or our services and should discontinue accessing the Site. You may enter into separate funding agreements for products or services; any such agreement does not replace or invalidate these Terms, but a funding agreement will take precedence in the event of a conflict. Questions about these Terms can be sent to funding@fundbetter.com.

You may not use the Site, services, or products offered through it if you are under 18 years of age or if you are not a legal resident of the United States. We may terminate your access without warning if we believe, in our sole discretion, that you do not meet these requirements. By using the Site, you affirm that:

• You accept sole responsibility for all of your activities and conduct while using the Site.
• You will not violate any applicable federal or state law, including copyright law, when using the Site.
• You will not transmit or upload viruses, worms, or any other destructive or malicious code to the Site.
• You will not use bots or automated programs to engage with the Site or our services.

By submitting information to FundBetter, you further affirm that you are authorized to act on behalf of your business and able to bind it; that you are not misrepresenting yourself, your business, or any financial information; that all information you provide is true, accurate, current, and complete, and will be kept accurate; that any funds you receive will be used exclusively for business and not personal use; and that you assume all liability for the information you provide.

FundBetter helps eligible US-based businesses access capital. Our services include assessing your eligibility for business funding, pre-qualifying and matching you with financial products offered by our funding partners, and coordinating and maintaining that relationship where appropriate. We may act as a lender and may also operate as a marketplace that connects you with third-party lenders and funding partners; some of the products offered by our partners may include loans along with other alternative funding options. FundBetter is not a financial consultant and does not provide legal, tax, or investment advice. Before making a financial decision, you should consider consulting your attorney, accountant, or other trusted advisors. We may suspend or discontinue our services, or limit the availability of any funding product, at any time and for any reason, without liability and without notice.

Nothing on this website is an offer or commitment to lend, and we make no guarantee that any service, product, evaluation, or guidance provided will result in approval for business funding. Approval, funding amounts, rates, terms, and funding speed are not guaranteed and depend on your business profile, creditworthiness, industry, and the requirements of the funding partner. Statements such as "funds in as little as 24 hours" describe the fastest possible outcomes and are not typical of every application. By engaging or communicating with FundBetter, you are not guaranteed any funding or form of funding.

You may request pre-qualification for business funding by completing our online application, which will ask for personal and business information such as your name, address, phone number, email, the amount requested, the intended business purpose, and information about your business revenue. We may offer an option to connect your bank through a secure third party so that we can retrieve your transactional data directly; those third-party services have their own terms and conditions. By submitting your application, you authorize FundBetter and our selected funding partners to obtain information from third-party sources, including credit bureaus. Based on our assessment, we may limit the number of partners who conduct further inquiries to those we predict are best able to meet your needs, if we submit your information at all.

By clicking "continue" when prompted through our online application, you acknowledge that you have read and agree to these Terms and our Privacy Policy in their entirety. Submitting a funding application electronically through the Site has the same force and effect as a hand-signed application, and any electronic or paper communications will be considered "in writing." The Applicant's Representative warrants that he or she is over 18, a legal US resident, authorized to act on behalf of the Applicant, and able to enter binding agreements on its behalf. The Applicant certifies that any funds obtained will be used solely for legitimate business purposes. To service your request, you authorize FundBetter, our affiliates, and our funding partners to: (a) send electronic disclosures, documents, notices, and contracts to the email addresses you provide; (b) communicate with you electronically at any telephone number, fax number, or email address you submit; (c) contact third parties to verify your information, including your identity and the legitimacy of your business; (d) obtain proof of your business revenue through bank statements or linked transactional data; and (e) obtain and review consumer and business credit reports and conduct further inquiries as needed.

By submitting your application, you provide written consent for FundBetter, our affiliates, and our funding partners to inquire about your credit and to obtain reports from credit bureaus as needed to fulfill your request and monitor your credit performance. The soft inquiry initiated by FundBetter will not affect your credit score, but credit inquiries by our funding partners may impact it. Information from your credit report, among other considerations, will be used to determine your eligibility for certain financial products. Our partners, at their sole discretion, may approve or decline your application and may or may not share the details of their decision. We cannot guarantee that your application will result in approval, or submission for approval, for any funding product offered through our services.

By accepting these Terms, you authorize FundBetter, our representatives, affiliates, and funding partners to contact you by telephone, fax, email, physical mail, and, where you have opted in, SMS text message, including through automated dialing systems and prerecorded messages. We may contact you for any reason related to your request, including fulfilling your funding request, updating you on its status, and delivering disclosures, notices, and agreements. Regarding email, you agree to receive electronic communications at any address you provide until you withdraw your consent in writing. You understand that receiving disclosures, notices, and agreements by email is required to fulfill your funding request. You may withdraw consent to marketing or automated emails at any time by clicking "unsubscribe," though this will not stop us from sending relevant updates about your application. You may withdraw consent to all emails by contacting funding@fundbetter.com, but doing so may prohibit you from using our services. Consent is not a condition of any purchase, and message and data rates may apply.

If you have previously submitted your information, provided multiple phone numbers or email addresses, or corresponded directly with one of our representatives, we may have duplicate contact information associated with your account, and you may still be contacted in error even after a withdrawal request. Please notify us at funding@fundbetter.com if that happens and we will take appropriate measures. Withdrawing consent for one form of communication applies only to that form; for example, unsubscribing from emails will not automatically add you to a "do not call" list. If you have received a funding product through FundBetter and later request to withdraw consent, the separate terms of that funding agreement will take precedence, and we and our partners may continue to contact you as needed to enforce contractual or legal rights. Our affiliates, vendors, and funding partners maintain their own terms and privacy policies, so requests to withdraw consent must also be directed to those parties and may not be fulfilled in all cases.

FundBetter may provide an SMS messaging program to deliver transactional and application-related information about your funding request, including status updates, document requests, and account notifications. By opting in, you agree to receive recurring text messages, and message frequency will vary based on your application status and account activity. Standard message and data rates may apply; please check with your mobile carrier for details. You may opt out at any time by replying STOP to any message, after which you will no longer receive texts from us. For assistance, reply HELP to any message or contact us at funding@fundbetter.com or 786-882-2705. FundBetter is not responsible for delays or undelivered messages caused by carrier issues or technical difficulties, and anyone with access to your phone or messages may be able to read them. To learn how we handle your data, please review our Privacy Policy.

You authorize FundBetter to access third-party sites on your behalf for the purpose of servicing your funding request, granting us a limited power of attorney as your agent to access documents and retrieve information as necessary for the purposes outlined in these Terms. Our services may use Application Programming Interfaces (APIs) to communicate and share information with third parties, including transmitting your transactional data and other business information to FundBetter or our partners. By linking your bank account through a third party, you grant us authority as your agent to access that information as needed to monitor your performance. FundBetter bears no responsibility for the content or availability of content provided by or through third-party APIs.

You acknowledge that any of your electronic communications with us, including telephone calls, may be monitored or recorded at any time and without notice. Monitoring may include an ongoing review of a linked business bank account, updating a credit inquiry, and reviewing your communications for quality assurance or training and to assess your readiness to receive funding now or in the future. It may also include tracking your activity on the Site or saving records of your communications. All communications are subject to our Privacy Policy, which is incorporated by reference into these Terms. Certain information or communications may be disclosed if required by law or legal process, at the reasonable request of a third party, or where necessary to protect, defend, or enforce FundBetter's rights.

Accessing certain features may require creating an account. By doing so, you license FundBetter to view and store the credentials, information, data, and materials you provide so that we and our partners can deliver our services. You are responsible for maintaining the security of your account and passwords and for limiting how and where you access your account. You may not share credentials, authorize others to use your account, or transfer it to another person or business. You will not hold FundBetter liable for unauthorized use of your account, though you may be liable for losses arising from such use. If we determine or suspect that your login information is being shared, we may terminate your access. If you believe your account has been used without authorization or that a device you use has been compromised, you must notify us immediately at funding@fundbetter.com.

You authorize FundBetter to treat all information on your application as true, accurate, and current unless you contact us directly with any changes. You bear full responsibility for keeping your personal and business information up to date and agree to notify us promptly of any change to your phone number, email address, physical address, or other account information, as well as any change to your business location, legal name, ownership, or eligibility for continued use of our services. Any notices, disclosures, payments, or letters we send to the contact information you provided are considered received, even if you have since changed that information. FundBetter is not responsible for any fees, processing errors, or damages arising from your failure to keep your account current. You may update your information through the Site or by emailing funding@fundbetter.com.

You must comply with all applicable state and federal laws and regulations in your use of the Site and services and in all dealings with FundBetter, our affiliates, partners, or other third parties. If we suspect or become aware of any potential violation or unlawful use of these Terms or our Privacy Policy, we may investigate and take appropriate action, and you are required to cooperate fully with any such investigation or with law enforcement. You acknowledge that any willful violation of this agreement or unlawful use of our services could result in civil or criminal penalties.

FundBetter grants you permission to use the Site as set forth in these Terms and our Privacy Policy, provided you do not alter any part of the Site other than as necessary to use it for its intended purpose. Site content is provided "as is" and may not be exploited for any other use, including commercial use. While we make reasonable efforts to keep content current, we are under no obligation to do so and cannot warrant the completeness, accuracy, or relevance of the information, images, links, or other content. We do not guarantee the availability of all or part of the Site, which may be unavailable from time to time due to technical difficulties or other reasons.

The content on the Site and the services available through it are protected by copyright and other intellectual property laws, with all rights reserved. "Content" includes, without limitation, images, text, graphics, descriptions, designs, videos, forms, software, messages, and these Terms. You agree not to copy, modify, distribute, reproduce, sell, reverse engineer, broadcast, transmit, or create derivative works from any of our content or technology. FundBetter retains all rights, title, and interest in the Site and cannot transfer them to any other party except in writing. Third-party trademarks, names, or logos remain the property of their respective owners; all other content remains the intellectual property of FundBetter. We may limit, terminate, or prohibit your use of the Site if we suspect unauthorized use or that you are a repeat infringer under the Digital Millennium Copyright Act (DMCA).

To view the Site and retain the documents and disclosures required to use our services, you must have: a device with internet access; an email account and software capable of sending and receiving email; current web browsing software; up-to-date software capable of viewing, saving, and printing documents in .pdf format; and hardware capable of running this software with sufficient storage to save disclosures or communications. When accessing the Site from a mobile device, you must be able to print and save any disclosures or documents presented during the application process. If your device cannot do so, you are required to access the Site through a device that can.

You may not use the Site or services in any unlawful manner or in any way that violates applicable local, state, federal, or international laws, or in any harmful manner that could damage, impair, or disable the Site or interfere with another's use of it. In addition, you shall not: upload, post, or share content that is harmful, threatening, unlawful, defamatory, infringing, abusive, harassing, obscene, fraudulent, or otherwise objectionable; post content that would constitute or encourage a criminal offense or create liability; misrepresent yourself or your business, including your age, residency, authority, or financial status; register more than one account or operate an account under a false identity; collect users' information to send unsolicited advertising, spam, chain letters, or similar solicitations; harass or intimidate other users or collect their personal information; use bots, spiders, or scripts to gain unauthorized access to or collect content from the Site; introduce viruses, worms, or other malicious code; or interfere with the Site through framing, pop-ups, or other techniques that divert users from its features and services.

You are responsible for all content you post to the Site, including your personal and business information, comments, messages, and any other user content, and you agree that no content you post will infringe or violate the rights of FundBetter or any third party. We may delete any content that we, in our sole judgment, consider objectionable, fraudulent, harmful, offensive, inaccurate, or misrepresentative, at any time and without notice. You may request that we remove content you posted in error by contacting funding@fundbetter.com, though we are not obligated to do so.

You may create links to our Site by placing "www.fundbetter.com" in text or by mentioning "FundBetter" and placing the hyperlink inside the company name, provided this is done in a fair and legal way that does not damage or intend to damage our reputation. Any other means of linking is not permitted. You may not link to the Site in a manner that suggests an association with, or endorsement of, your business without our express written consent. The source website from which you link must comply with these Terms, and you must promptly remove any links or commentary upon written notice from FundBetter.

The Site and communications we send may contain content provided by third parties and links to third-party websites that we do not own or control. Where the Site includes links to social media platforms, those features are provided as-is and may be discontinued without notice. Our Terms and Privacy Policy no longer apply once you access a third-party site, and we encourage you to read the terms and policies of any website you visit. Content on the Site may also include articles, statements, or opinions of other users or third parties, which are solely their responsibility and may not reflect the views of FundBetter. We bear no responsibility for any information, materials, or services provided on third-party websites or displayed on our Site by third parties, and we cannot edit, censor, or update third-party content. You agree to relieve FundBetter of any liability arising from your use of third-party websites.

Content on the Site is provided for general information only, and FundBetter does not warrant its completeness or accuracy. We disclaim all responsibility and liability for any reliance you place on this content, and you agree that under no circumstances shall FundBetter be liable to any applicant, user, or third party for losses arising from such reliance.

The Site and its services are made available on an "as is" and "as available" basis without warranties of any kind, whether express or implied, and without guarantee that any service offered will meet your expectations. FundBetter does not warrant that files or media linked or downloadable from the Site will be free of viruses or destructive code; using appropriate security procedures is solely your responsibility. Neither FundBetter nor anyone associated with it makes any warranty regarding the accuracy or availability of the Site's content. Except for warranties that cannot be excluded under applicable law, FundBetter disclaims all warranties of any kind. Nothing on the Site constitutes financial, legal, or tax advice.

You agree that your use of the Site and all services accessed through it is at your own risk. To the fullest extent permitted by applicable law, FundBetter and its affiliates, partners, representatives, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, expenses, or losses, including financial loss, emotional distress, loss of data, or loss of business, arising in connection with: (a) your use of, or inability to use, the Site or any information on it; (b) any failure of performance, error, omission, defect, delay, interruption, virus, or system failure; or (c) any disclosure of information when communicating with you electronically or any unauthorized access to your account. These limitations apply even if we have been advised of the possibility of such damages. FundBetter does not endorse any products or services advertised on the Site and makes no guarantees regarding third-party content or services accessed through it.

You agree to indemnify, defend, and hold harmless FundBetter and its affiliates from and against any and all damages, losses, expenses, claims, demands, or liabilities, including reasonable attorney's fees, arising from your use of the Site or your violation of: (a) these Terms, (b) any applicable law, (c) the rights of any third party, or (d) obligations to funding partners whose services you obtained through FundBetter. You agree to cooperate fully in the defense of any such claim, and we reserve the right to assume exclusive control of any matter subject to indemnification.

These Terms and our Privacy Policy are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. You agree that any claim or dispute between you and FundBetter in connection with the Site or these Terms will be decided by a court located in Miami-Dade County, Florida. You will not settle any such matter without our express written consent, and you waive any right to trial by jury.

Any claim or cause of action arising from or related to these Terms or the Site must be commenced within one year after the cause of action accrues. Any such claim not brought within that period is permanently barred.

These Terms and our Privacy Policy constitute the entire agreement between you and FundBetter regarding the Site, and your continued use of the Site constitutes a contract governed by U.S. federal law and the laws of the State of Florida. If any provision is found unenforceable or invalid, the remainder of the agreement will remain in full effect as if the invalid provision were absent. You may not assign or transfer these Terms or any rights granted to you without our written consent, but FundBetter may assign them without restriction. If we believe you have violated these Terms, violated the rights of any person or entity, or created liability for us, we may terminate your access to the Site or our services without notice, and you agree to cooperate with any resulting investigation and to hold FundBetter harmless from any related claims.

We reserve the right to remove, add, or modify any content in these Terms and our Privacy Policy at any time and without notice. It is your responsibility to check the "Last updated" date at the top of this page during each visit, and your continued use of the Site after changes constitutes acceptance of the most recent version. If you have any questions about these Terms, you may contact us:

• By email at funding@fundbetter.com
• By phone at 786-882-2705
• By mail at 3250 Northeast 1st Avenue, Miami, FL 33137