Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using QuicKapital's website (www.quickapital.com), mobile applications, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

These Terms apply to all users, including browsers, customers, merchants, and any other users of the Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Operate a legitimate business in the United States
• Not be prohibited from receiving our Services under applicable laws
• Provide accurate and complete information during registration

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time, and if you do not meet these requirements, we may refuse service or terminate your account.

3. Description of Services

QuicKapital provides business funding solutions, including but not limited to:

• Working capital loans
• Equipment financing
• Merchant cash advances
• Business lines of credit
• Other financial services as offered from time to time

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. User Accounts and Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You may not transfer or share your account with any other person or entity. We reserve the right to suspend or terminate accounts that provide false, inaccurate, or incomplete information.

5. Application Process

Submission

When you submit a funding application, you authorize us to:

• Obtain credit reports and credit scores from credit bureaus
• Verify your business and financial information
• Contact you via phone, email, or text message regarding your application
• Share your information with third-party service providers for processing

No Guarantee of Approval

Submission of an application does not guarantee approval or funding. We reserve the right to approve or deny any application at our sole discretion. Application decisions are based on multiple factors including creditworthiness, business viability, and our underwriting criteria.

6. Funding Agreements

If your application is approved, you will be required to enter into a separate funding agreement that will govern the specific terms of your funding, including:

• Funding amount and disbursement terms
• Interest rates and fees
• Repayment schedule and methods
• Default provisions and remedies
• Personal guarantees or collateral requirements

The funding agreement will constitute a separate legal contract between you and QuicKapital (or a funding partner). You are responsible for reviewing and understanding all terms before signing.

7. Fees and Charges

There is no fee to submit an application or receive a quote. However, if you accept funding, you will be subject to fees as outlined in your funding agreement, which may include:

• Origination fees
• Interest charges
• Late payment fees
• Processing fees
• Prepayment fees (if applicable)

All fees will be clearly disclosed before you enter into a funding agreement. You are responsible for all charges incurred under your account.

8. Representations and Warranties

By using our Services, you represent and warrant that:

• All information you provide is true, accurate, current, and complete
• You have the legal authority to bind your business to these Terms
• Your use of the Services will comply with all applicable laws and regulations
• You will not use the Services for any fraudulent or illegal purpose
• Your business is not involved in any bankruptcy or insolvency proceedings
• You do not have any undisclosed legal judgments or liens against you or your business

9. Prohibited Uses

You agree not to:

• Provide false, misleading, or fraudulent information
• Impersonate any person or entity
• Use the Services for any illegal purpose or to violate any laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without permission
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove or alter any proprietary notices on the Services
• Use the Services to transmit viruses, malware, or harmful code
• Violate any applicable federal, state, or local laws

10. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by QuicKapital and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose. This license does not include the right to:

• Download or copy content except as necessary for normal use
• Modify or create derivative works from our content
• Use our trademarks, logos, or branding without written permission
• Frame or mirror any part of the Services

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
• WE ARE NOT RESPONSIBLE FOR ANY DECISION MADE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES

IN NO EVENT SHALL QUICKAPITAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to defend, indemnify, and hold harmless QuicKapital, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any false or misleading information you provide
• Your violation of any applicable laws or regulations

13. Dispute Resolution and Arbitration

Informal Resolution

Before initiating arbitration or litigation, you agree to contact us to attempt to resolve any dispute informally. Contact us at [email protected] with a description of the dispute.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

• The arbitration will be conducted in [State/Location]
• Each party will bear their own costs and fees
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Class Action Waiver

YOU AND QUICKAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false information
• At our sole discretion without cause

Upon termination, your right to use the Services will immediately cease. Termination does not relieve you of any obligations under existing funding agreements.

Sections of these Terms that by their nature should survive termination will survive, including provisions regarding intellectual property, limitation of liability, indemnification, and dispute resolution.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email for material changes
• Post a notice on our website

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

16. Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. To the extent arbitration does not apply, you agree to submit to the personal jurisdiction of the state and federal courts located in [Your State].

17. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any funding agreements, constitute the entire agreement between you and QuicKapital regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations under these Terms without restriction.

Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications may include notices, agreements, and disclosures. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us: