Terms of Service

1. Introduction

Welcome to ADVALEND. These Terms of Service ("Terms") govern your access to and use of the ADVALEND website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

ADVALEND provides business funding solutions powered by Stripe Capital. Our Services facilitate the application, approval, disbursement, and repayment of business cash advances.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

2. Eligibility

To use our Services, you must:

• Be a legally registered business entity
• Have been in operation for at least 6 months
• Have a minimum monthly revenue of $10,000
• Have an authorized representative who is at least 18 years old
• Have a valid business bank account
• Meet other eligibility criteria as determined by ADVALEND and our funding partners

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Take responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we believe you have violated these Terms.

4. Funding Services

4.1 Application Process

Our Services allow you to apply for business funding in the form of merchant cash advances. By submitting an application, you:

• Authorize us to obtain business and financial information about you and your business
• Authorize us to share your information with our funding partners
• Certify that all information provided is true, accurate, and complete
• Acknowledge that submission of an application does not guarantee approval

4.2 Funding Terms

If your application is approved, you will receive a funding offer with specific terms, including:

• Advance amount
• Fee amount
• Repayment percentage
• Estimated repayment period

These terms will be provided in a separate Merchant Cash Advance Agreement, which will govern the specific terms of your funding. By accepting a funding offer, you agree to be bound by the terms of the Merchant Cash Advance Agreement.

4.3 Repayment

Repayment of the advance will be made through automatic deductions of a fixed percentage of your daily sales. By accepting funding, you authorize us and our funding partners to initiate these deductions from your designated bank account or payment processing account.

5. Fees and Payments

Our funding services involve a one-time fee that is clearly disclosed in your funding offer. There are no additional interest charges, origination fees, late fees, or prepayment penalties.

We may charge other fees for specific services, which will be clearly disclosed before you incur such fees.

All fees are non-refundable unless otherwise specified or required by law.

6. Intellectual Property Rights

Our Services and their contents, features, and functionality are owned by ADVALEND, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in our Services or any content, features, or functionality of our Services.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

7. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
• To impersonate or attempt to impersonate ADVALEND, an ADVALEND employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which may harm ADVALEND or users of our Services
• To use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services
• To use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services

8. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES 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 LAW, ADVALEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ADVALEND DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVALEND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES.

10. Indemnification

You agree to defend, indemnify, and hold harmless ADVALEND, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of [Your State/Jurisdiction], without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of [Your State/Jurisdiction], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

12. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter.

Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Termination

We may terminate or suspend your access to all or part of our Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third party, or us.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Entire Agreement

These Terms, our Privacy Policy, and any Merchant Cash Advance Agreement you enter into constitute the sole and entire agreement between you and ADVALEND regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

12. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at: