Terms of Service
Last Updated: December 22, 2024
1. Agreement to Terms
Welcome to FundMySBA.ai, a service operated by Appuix, Inc. ("Company," "we," "us," or "our"). By accessing or using our website located at fundmysba.ai (the "Site") and any related services, features, content, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Services.
These Terms constitute a legally binding agreement between you and Appuix, Inc. regarding your use of the Services. Please read them carefully.
2. Description of Services
FundMySBA.ai is a lead generation and marketing platform that connects small business owners seeking financing with a network of SBA-approved lenders and financial service providers ("Lending Partners"). Our Services include:
- Pre-qualification assessments for SBA loan products
- Matching users with appropriate Lending Partners based on submitted information
- Educational content about SBA loans and small business financing
- Communication facilitation between users and Lending Partners
IMPORTANT DISCLAIMER: FundMySBA.ai is NOT a lender, broker, or financial institution. We do not make loans, credit decisions, or guarantee loan approval. We do not charge fees to users for our matching services. Any loan terms, rates, conditions, and approval decisions are solely determined by our Lending Partners based on their own underwriting criteria.
3. Eligibility
To use the Services, you must:
- Be at least 18 years of age
- Be a legal resident of the United States
- Have the legal capacity to enter into binding contracts
- Be authorized to provide the information submitted on behalf of any business entity
- Not be prohibited from using the Services under applicable laws
4. User Information and Consent
4.1 Information You Provide
By using our Services, you agree to provide accurate, current, and complete information about yourself and your business. This may include, but is not limited to:
- Personal identification information (name, email, phone number)
- Business information (name, industry, revenue, time in business)
- Financial information (loan amount sought, credit profile estimate)
- Contact preferences and communication consent
4.2 Consent to Contact (TCPA Consent)
By submitting your information through our Services, you provide your express written consentfor FundMySBA.ai (Appuix, Inc.) and our Lending Partners, affiliates, and marketing partners to contact you regarding loan products, financing options, and related services using:
- Telephone calls (including autodialed and prerecorded calls)
- SMS/text messages (including autodialed messages)
- Email communications
- Direct mail
You understand that this consent is not a condition of purchasing any goods or services. You may receive multiple contacts from multiple parties. Message and data rates may apply for SMS/text messages.
To opt out: You may revoke your consent at any time by replying STOP to any text message, clicking unsubscribe in any email, or contacting us at privacy@fundmysba.ai.
4.3 Information Sharing
You acknowledge and agree that information you submit may be shared with our network of Lending Partners and service providers for the purpose of evaluating your financing request and contacting you about loan opportunities. Please review our Privacy Policy for complete details about how we collect, use, and share your information.
5. No Guarantee of Results
We make no representations, warranties, or guarantees regarding:
- Your eligibility for any loan product
- Approval by any Lending Partner
- Specific loan terms, rates, or conditions
- The number of Lending Partners who may contact you
- The timing or outcome of any lending decision
Pre-qualification through our platform is for informational purposes only and does not constitute a loan commitment, approval, or offer of credit.
6. Prohibited Conduct
You agree not to:
- Provide false, misleading, or inaccurate information
- Use the Services for any unlawful purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Use automated means to access the Services without permission
- Impersonate any person or entity
- Violate any applicable local, state, national, or international law
7. Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Appuix, Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws.
8. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Appuix, Inc. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss arising from your use of any third-party website or service.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPUIX, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Appuix, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
12. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Appuix, Inc. agree that any dispute, claim, or controversy arising from or relating to these Terms or the Services (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.
Class Action Waiver: YOU AND APPUIX, INC. EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in Delaware or at another mutually agreed location.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
15. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Appuix, Inc.
d/b/a FundMySBA
Email: legal@fundmysba.ai
Website: fundmysba.ai
By using FundMySBA.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.