Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you” or “User”) and Fundwise LLC (“Fundwise,” “we,” “us,” or “our”) and govern your access to and use of our website, applications, and services (collectively, the “Services”). By creating an account, submitting an application, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. What Fundwise Is

Fundwise operates a lead-generation and matching service that connects small business owners with third-party lenders, brokers, and funding partners (“Lender Partners”). Fundwise is not a lender, broker, or financial advisor. We do not originate loans, advance funds, set rates, approve applications, or guarantee that any funding will be offered to you. All credit decisions, terms, fees, and disbursements are made solely by the Lender Partners under their own agreements with you.

2. Eligibility

To use the Services you must (a) be at least 18 years old, (b) have legal authority to bind the business on whose behalf you submit an application, and (c) reside and operate in the United States. By using the Services you represent that all information you provide is true, accurate, and complete.

3. Accounts

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at info@fundwisecapital.com if you believe your account has been compromised. We may suspend or terminate accounts that violate these Terms or that we suspect of fraudulent or harmful activity.

4. Submission of Applications

When you submit a funding application, you authorize Fundwise to share the information in your application with one or more Lender Partners we believe may be appropriate. You also authorize those Lender Partners (and Fundwise) to contact you by email, phone, or SMS at the contact information you provide, including using automated dialing technology, in connection with your application. Standard message and data rates may apply. You may opt out of marketing communications at any time; transactional messages may continue.

Submitting an application does not guarantee that any Lender Partner will offer you funding or that any offered terms will be acceptable to you.

5. No Hard Credit Pull by Fundwise

Fundwise does not perform a hard credit inquiry as part of the matching process. Lender Partners may, however, perform their own credit checks (including hard inquiries) once you proceed with them. Their disclosures and authorizations will govern those checks.

6. Fees

Use of the Fundwise matching service is free for business owners. Fundwise is compensated by Lender Partners and affiliate referral arrangements. Lender Partners may charge their own fees, interest, and costs in connection with any funding they provide.

7. Affiliate / Referral Program

If you participate in our affiliate or partner program, additional terms may apply. Commissions are tracked using referral identifiers and are paid out only on funded deals, subject to the program rules in effect at the time.

8. Acceptable Use

• Do not submit false, misleading, or fraudulent information.
• Do not use the Services to violate any law, regulation, or third-party right, including fair lending and anti-discrimination laws.
• Do not interfere with the Services, attempt to gain unauthorized access, or scrape, reverse engineer, or copy material portions of the site.
• Do not use the Services on behalf of someone else without their authorization.

9. Intellectual Property

The Services, including all text, graphics, logos, and software, are owned by Fundwise or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You may not copy, modify, distribute, sell, or create derivative works without our prior written consent.

10. Third-Party Services and Links

The Services may link to or integrate with websites, products, or services operated by third parties, including Lender Partners. We do not control and are not responsible for third-party content, products, or services, and your interactions with them are governed by their own terms and policies.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNDWISE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT YOU WILL BE MATCHED WITH OR APPROVED BY ANY LENDER PARTNER. FUNDWISE DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, OR ACCOUNTING ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDWISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUNDWISE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Fundwise and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) information you submit, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

14. Dispute Resolution; Arbitration; Class Waiver

Please read this section carefully — it affects your legal rights. You and Fundwise agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Utah, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Fundwise agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

Notwithstanding the foregoing, either party may bring an individual action in small-claims court or seek injunctive relief in court for infringement of intellectual property rights.

15. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Subject to the arbitration provisions above, the state and federal courts located in Utah will have exclusive jurisdiction over any disputes not subject to arbitration.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including suspected violation of these Terms. You may stop using the Services and request account deletion at any time by emailing info@fundwisecapital.com.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

18. Contact

Questions about these Terms? Contact us at info@fundwisecapital.com.