Welcome to FunderFlow. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and FunderFlow, Inc. ("FunderFlow," "we," "us," or "our") governing your access to and use of the FunderFlow platform, website, and all related services (collectively, the "Platform").
By accessing or using the FunderFlow Platform, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use our Platform.
These Terms incorporate by reference our Privacy Policy, any applicable subscription agreements, non-disclosure agreements, and any other policies or guidelines posted on the Platform. In the event of a conflict between these Terms and any supplemental agreement, the supplemental agreement shall control with respect to its subject matter.
These Terms are effective as of the date set forth above and supersede all prior versions. Your continued use of the Platform following any update constitutes acceptance of the revised Terms.
FunderFlow operates an online marketplace technology platform that facilitates introductions and connections between business owners seeking working capital or other forms of business financing ("Merchants") and alternative lending companies and financial institutions ("Lenders").
FunderFlow is NOT a Lender. FunderFlow does not make credit decisions, extend credit, issue loans, or provide any form of financing. We do not determine eligibility for any funding product. All credit decisions are made solely and exclusively by the Lenders on our platform.
Our Platform provides the following services:
FunderFlow acts solely as a technology intermediary. We do not:
Independent Relationships: Any agreement for funding is solely between the Merchant and the applicable Lender. FunderFlow is not a party to any such agreement and bears no liability arising from it.
To use the FunderFlow Platform, you must meet all of the following eligibility requirements:
If you are registering as a Merchant, you additionally represent and warrant that:
If you are registering as a Lender, you additionally represent and warrant that:
Verification: FunderFlow reserves the right to verify eligibility at any time and to suspend or terminate accounts that do not meet eligibility requirements. Providing false eligibility information is a material breach of these Terms.
To access most features of the Platform, you must create an account. When registering, you agree to:
You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to:
Account Responsibility: You are fully responsible for all activity that occurs under your account, whether or not authorized by you. FunderFlow is not liable for any loss or damage arising from unauthorized use of your account if you have failed to safeguard your credentials or to promptly report a breach.
FunderFlow may require identity verification, business verification, or additional documentation before activating an account or allowing access to certain features. We reserve the right to refuse registration or cancel an existing account at our sole discretion.
Each individual user and each business entity may maintain only one active account of each type (Merchant or Lender) unless FunderFlow provides written permission for additional accounts. Duplicate accounts may be suspended or merged.
This section applies specifically to Merchants using the Platform to seek business funding.
When submitting a funding application through FunderFlow, you agree to:
Material Misrepresentation: Providing false, misleading, or materially inaccurate information in connection with a funding application is a serious violation of these Terms and may constitute fraud under applicable federal and state laws. FunderFlow reserves the right to immediately terminate your account, report suspected fraud to law enforcement, and pursue all available legal remedies.
You represent and warrant that all information submitted in your application, including financial documents, business details, and supporting materials, is:
By submitting a funding application, you expressly authorize FunderFlow to:
This authorization remains in effect until you withdraw your application or close your account, subject to data retention requirements under applicable law.
Submitting an application through FunderFlow does not guarantee that you will receive any funding offer, that any offer you receive will be suitable for your needs, or that any transaction will be completed. All funding decisions rest solely with the Lenders.
Before accepting any funding offer from a Lender, you are strongly encouraged to:
FunderFlow does not endorse any particular Lender or funding product and does not make recommendations regarding the suitability of any offer.
This section applies specifically to Lenders accessing the Platform to review Merchant applications and extend funding offers.
Lender access to Merchant application data is provided on a subscription basis. By subscribing, you agree to:
NDA Requirement: Access to Merchant personal and business identifying information (including contact details, EIN, and full financial records) is conditioned on your acceptance of FunderFlow's standard Non-Disclosure Agreement ("NDA"). By accepting the NDA within the Platform, you agree to hold all Merchant information in strict confidence and to use it solely for the purpose of evaluating that specific Merchant's funding application.
As a Lender, you agree to:
When making a funding offer through the Platform, you represent and warrant that:
Lenders must not discriminate against any Merchant on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or any other characteristic protected by applicable law. Any Lender found to be engaging in discriminatory practices may have their access to the Platform immediately suspended or terminated.
Lenders may not:
Free for Merchants: FunderFlow does not charge Merchants any fees to register, submit a funding application, or receive and review funding offers. Using the FunderFlow Platform to seek business financing is entirely free to Merchants.
Merchants will never be charged by FunderFlow for applying for funding. Any fees, costs, or charges associated with a specific funding product (including origination fees, factor rates, interest, or other charges) are imposed solely by the applicable Lender and are disclosed in the Lender's offer. FunderFlow is not responsible for any fees charged by Lenders.
Lenders access the Platform on a paid subscription basis. FunderFlow offers tiered subscription plans, the details of which (including pricing, features, and limits) are set forth on our pricing page or in your applicable subscription agreement. By subscribing, you agree to:
Subscription payments are processed by our third-party payment processor, Stripe, Inc. By providing payment information, you also agree to Stripe's applicable terms of service. FunderFlow does not store full credit card numbers on its servers.
Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. To cancel, Lenders must use the account settings within the Platform or contact billing@funderflow.com at least 3 business days before the renewal date. Cancellation takes effect at the end of the current paid billing period. No partial refunds are provided for unused portions of a subscription period unless required by applicable law.
FunderFlow reserves the right to change subscription pricing upon at least 30 days' advance written notice to active subscribers. Continued use of the Platform after the notice period constitutes acceptance of the revised pricing.
You are responsible for all taxes, duties, and similar charges arising from your use of the Platform, except for taxes based on FunderFlow's net income. FunderFlow may collect applicable sales or use taxes where required by law.
If you believe a charge is in error, contact billing@funderflow.com within 30 days of the charge. FunderFlow will investigate and provide a written response. Initiating a chargeback without first contacting FunderFlow may result in suspension of your account.
The FunderFlow Platform, including its software, code, algorithms, user interface design, graphics, logos, trademarks, service marks, text, data models, analytical methodologies, and all other content and materials (collectively, "FunderFlow IP"), is owned by or licensed to FunderFlow and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted herein are reserved.
Subject to your compliance with these Terms and payment of applicable fees, FunderFlow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes in accordance with these Terms. This license does not include any right to:
You retain all ownership rights in the business information, documents, and data you submit to the Platform ("User Content"). By submitting User Content, you grant FunderFlow a non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit your User Content solely to the extent necessary to provide the Platform services and as described in our Privacy Policy.
You represent and warrant that you own or have the necessary rights to all User Content you submit and that it does not infringe or violate any third-party intellectual property rights, privacy rights, or applicable laws.
If you provide feedback, suggestions, or ideas regarding the Platform, you grant FunderFlow a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.
You agree that you will not use the Platform for any unlawful, harmful, or abusive purpose. The following conduct is strictly prohibited:
Consequences of Violations: Violations of this section may result in immediate account suspension or termination, reporting to applicable law enforcement agencies, civil litigation, and/or criminal prosecution. FunderFlow cooperates fully with law enforcement investigations.
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ACCESSIBLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNDERFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
FUNDERFLOW IS NOT A LENDER AND MAKES NO REPRESENTATION OR WARRANTY THAT ANY MERCHANT WILL QUALIFY FOR, RECEIVE, OR BENEFIT FROM ANY FUNDING OFFER. FUNDERFLOW DOES NOT ENDORSE ANY LENDER OR ANY FUNDING PRODUCT.
AUTOMATED UNDERWRITING OUTPUTS, RISK SCORES, AND CASH FLOW ANALYSES ARE TOOLS TO ASSIST LENDERS — THEY DO NOT CONSTITUTE CREDIT DECISIONS, FINANCIAL ADVICE, OR GUARANTEES OF ACCURACY. FUNDERFLOW DISCLAIMS ALL LIABILITY FOR ERRORS IN AUTOMATED OUTPUTS.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS FUNDERFLOW'S LIABILITY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL FUNDERFLOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, EVEN IF FUNDERFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FUNDERFLOW'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FUNDERFLOW IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
The limitations of liability in this section are a fundamental element of the basis of the bargain between FunderFlow and you. FunderFlow would not provide the Platform without these limitations.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud by FunderFlow.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FunderFlow and its officers, directors, employees, agents, contractors, affiliates, and licensors (collectively, "FunderFlow Parties") from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
FunderFlow reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with FunderFlow in asserting available defenses.
IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Before filing any formal claim, you agree to first contact FunderFlow at legal@funderflow.com and provide a written description of the dispute, the harm suffered, and the relief sought. The parties will attempt in good faith to resolve the dispute informally within 30 days of the notice.
If the dispute is not resolved informally within 30 days, you and FunderFlow agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — including disputes about the validity, interpretation, enforceability, or breach of these Terms — will be resolved exclusively by binding arbitration, except as provided in Section 13.5 below.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable), which are available at www.adr.org. A single arbitrator shall be appointed. The arbitration will be conducted in English and, unless the parties agree otherwise, will be conducted by written submissions, telephone, or video conference. If an in-person hearing is required, it shall be held in New York, New York, or another mutually agreed location.
The arbitrator may award any individual relief available at law or in equity. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: YOU AND FUNDERFLOW EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE IN A PARTICULAR CASE, THE ARBITRATION PROVISION SHALL NOT APPLY TO THAT CASE, AND IT SHALL PROCEED IN COURT.
Filing fees and arbitrator costs will be allocated in accordance with the applicable AAA rules. FunderFlow will pay arbitration costs for claims that are not frivolous up to a reasonable amount. Each party is responsible for its own attorneys' fees unless the arbitrator finds the claim frivolous or awards fees under applicable law.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to prevent irreparable harm pending arbitration. Small claims court actions within the jurisdictional limits of that court are also excluded from mandatory arbitration.
You may opt out of the arbitration agreement by sending written notice to legal@funderflow.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be subject to the governing law and jurisdiction provisions in Section 14.
These Terms and any disputes arising out of or related to them or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
For any disputes not subject to arbitration under Section 13 (including disputes arising after a valid opt-out), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York. You waive any objection to such jurisdiction and venue on the grounds of inconvenience or otherwise.
Governing Jurisdictions: FunderFlow is incorporated under the laws of the State of Delaware and maintains principal operations in New York, New York. These Terms reflect the laws of those jurisdictions. If you are accessing the Platform from another jurisdiction, you are responsible for compliance with local laws to the extent applicable.
You may close your account and terminate these Terms at any time by contacting support@funderflow.com or using the account closure feature within the Platform. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations.
FunderFlow may suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to:
Upon termination:
FunderFlow reserves the right to suspend your account access temporarily while investigating suspected violations without prior notice. We will attempt to notify you of a suspension promptly after it occurs.
FunderFlow reserves the right to modify these Terms at any time. We will determine whether changes are material at our sole discretion.
Material Changes: For changes that materially affect your rights or obligations, we will provide at least 30 days' advance notice via email to your registered address and/or a prominent notice on the Platform. Material changes will not apply retroactively to disputes that arose before the effective date of the change.
Non-Material Changes: For minor changes (such as clarifications, typographical corrections, or changes required by law), we may update the "Last Updated" date and post revised Terms without additional notice.
Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of those Terms. If you do not agree to any revised Terms, you must stop using the Platform before the effective date of the change.
We encourage you to review these Terms periodically. Prior versions will be made available upon request by contacting legal@funderflow.com.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
Legal & Terms Inquiries:
legal@funderflow.com
General Support:
support@funderflow.com
Billing:
billing@funderflow.com
Mailing Address:
FunderFlow, Inc.
Legal Department
New York, NY
Response Time:
We aim to respond to all legal and compliance inquiries within 5 business days.
Entire Agreement: These Terms, together with the Privacy Policy and any applicable subscription agreements or supplemental terms, constitute the entire agreement between you and FunderFlow with respect to the Platform and supersede all prior negotiations, representations, warranties, and understandings. No waiver of any provision of these Terms shall be effective unless in writing and signed by FunderFlow. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.