Effective Date: Effective as of the date accepted by the user.
PLEASE READ THIS TERMS OF SERVICE AND USER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE LENDAVO PLATFORM.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END USER OF THE SERVICES (“USER,” “YOU,” OR “CLIENT”), AND LENDAVO (“LENDAVO,” “COMPANY,” “WE,” “US,” OR “OUR”). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE LENDAVO BUSINESS CAPITAL & GROWTH PLATFORM AND ALL RELATED SERVICES PROVIDED BY LENDAVO.
By accessing, registering for, creating an account with, or otherwise using the Lendavo platform, including but not limited to the websites lendavo.com and app.lendavo.com, any associated applications, integrations, APIs, software tools, or related services (collectively referred to as the “Platform” or “Services”), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement, as well as any additional policies or guidelines referenced herein or made available through the Platform.
If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and in such case the terms “User,” “you,” or “Client” shall refer to both you individually and the business entity you represent.
If you do not agree to the terms and conditions contained in this Agreement, you must not access, register for, or use the Platform or any of the Services offered by Lendavo. Continued access to or use of the Platform after acceptance of these Terms constitutes your ongoing agreement to be bound by the provisions of this Agreement.
The Lendavo Platform is a technology-based service designed to provide business owners with tools, analytics, and informational resources intended to assist them in evaluating financial readiness, monitoring credit data, analyzing financial performance, identifying potential funding opportunities, and connecting with third-party financial service providers. The Platform may include various software features, automated systems, artificial intelligence tools, integrations with third-party data providers, and other digital resources designed to support business growth and capital readiness.
Lendavo reserves the right, in its sole discretion, to modify, update, revise, or replace any part of this Agreement at any time. Any such changes will be posted on the Platform and will become effective upon posting unless otherwise stated. Your continued use of the Platform after such changes are posted constitutes your acceptance of the revised Agreement.
It is your responsibility to review this Agreement periodically for updates. If you do not agree to any modifications to this Agreement, you must discontinue use of the Platform and Services.
By creating an account, accessing the Platform, or using the Services in any manner, you affirm that you are at least eighteen (18) years of age and legally capable of entering into a binding contract. You further acknowledge that your use of the Platform is subject to all applicable laws and regulations governing the use of online software services and financial information systems.
1. DESCRIPTION OF SERVICES AND PLATFORM FUNCTIONALITY
Lendavo operates and provides access to a proprietary software platform known as the Lendavo Business Capital & Growth Platform (the “Platform”), which is designed to assist business owners and entrepreneurs in evaluating their financial readiness, improving business credit profiles, organizing financial documentation, and identifying potential sources of capital through technology-driven analysis and integrations with third-party data providers.
The Platform is a technology-based software solution that provides users with informational tools, analytics, and resources intended to assist businesses in understanding how lenders and financial institutions evaluate businesses when considering applications for credit, financing, or other financial products. The Platform may include various automated systems, analytical models, financial dashboards, document storage tools, artificial intelligence–based insights, and integrations with third-party service providers.
Through the Platform, users may access features designed to analyze financial health, monitor business and consumer credit information, evaluate funding readiness, and identify potential capital opportunities based on available financial data. The Platform may provide users with proprietary analytical insights generated from financial data, credit report information, business profile data, and other relevant inputs. These insights may include scoring models, financial readiness indicators, and recommendations intended to assist users in improving their business’s financial profile.
The Services provided through the Platform may include, but are not limited to:
The Platform may also integrate with third-party data providers in order to obtain financial and credit-related information that may assist in generating insights for users. Such integrations may include connections to credit reporting agencies, financial data aggregation providers, accounting software providers, banking systems, and other financial information services. Users who connect such services authorize Lendavo to retrieve data from those providers in accordance with the permissions granted by the user.
In certain cases, the Platform may present users with information about potential financing programs, financial service providers, or other vendors that offer products or services that may assist businesses in improving their financial position or accessing capital. These third-party providers may include lenders, financial institutions, credit vendors, merchant processors, insurance providers, and other business service providers. Any such third-party providers operate independently from Lendavo and are not owned, operated, or controlled by Lendavo.
Lendavo itself does not provide loans, extend credit, or make lending decisions. All lending decisions, including underwriting evaluations, loan approvals, credit limits, interest rates, and repayment terms, are determined solely by the independent lenders or financial institutions offering such products. While the Platform may identify potential capital opportunities based on available data, Lendavo makes no representation or warranty that a user will qualify for financing or receive funding from any lender.
The Services provided through the Platform are intended for informational and analytical purposes only and should not be interpreted as financial advice, legal advice, accounting advice, or investment advice. Users are responsible for independently evaluating any financial decisions and may wish to consult qualified professionals before entering into financial agreements or pursuing financing opportunities.
Lendavo reserves the right to modify, update, suspend, or discontinue any portion of the Platform or Services at any time, with or without notice, in order to improve functionality, comply with legal requirements, or address technical or operational considerations. Certain features of the Platform may also be introduced on a trial or experimental basis and may be modified or discontinued as part of ongoing development of the Platform.
Users acknowledge that the Platform is a dynamic software system that may evolve over time and that the features, functionality, and services available through the Platform may change as Lendavo continues to enhance and improve the technology.
2. ELIGIBILITY AND AUTHORIZED USE OF THE PLATFORM
The Lendavo Business Capital & Growth Platform and the Services made available through it are intended for use by individuals and businesses that are legally capable of entering into binding agreements and that meet the eligibility requirements described in this Agreement. By accessing or using the Platform, you represent and warrant that you meet all eligibility requirements set forth herein and that you have the legal authority to enter into this Agreement.
To use the Platform, you must be at least eighteen (18) years of age and legally capable of forming binding contracts under applicable law. If you are accessing the Platform on behalf of a business entity, organization, or other legal person, you represent and warrant that you are authorized to act on behalf of that entity and to bind such entity to the terms and conditions of this Agreement. In such circumstances, references to “User,” “you,” or “Client” in this Agreement shall refer to both the individual accessing the Platform and the business entity on whose behalf such individual is acting.
The Platform is intended for use primarily by businesses operating within the United States, and the Services are designed to evaluate financial data, credit information, and business performance within the context of United States financial systems and lending practices. Users located outside the United States may not have access to all features of the Platform, and Lendavo makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States. Users who access the Platform from locations outside the United States do so at their own initiative and are responsible for compliance with any applicable local laws.
Users agree that all information provided to Lendavo in connection with registration, account creation, financial data integrations, or use of the Services shall be true, accurate, current, and complete. Users further agree to promptly update such information as necessary to maintain its accuracy. Providing false, misleading, or incomplete information may result in suspension or termination of access to the Platform.
The Services may not be used for any unlawful purpose or in any manner that violates applicable federal, state, or local laws or regulations. Users agree that they will not use the Platform in connection with fraudulent activities, identity misrepresentation, submission of falsified financial information, or any other activity intended to mislead lenders, financial institutions, service providers, or other parties.
In addition, users agree not to use the Platform in any manner that could damage, disable, overburden, or impair the operation of the Services or interfere with the use of the Platform by other users. Users may not attempt to gain unauthorized access to any portion of the Platform, other user accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means.
Lendavo reserves the right, in its sole discretion, to deny access to the Platform or terminate existing user accounts if it determines that a user does not meet the eligibility requirements set forth in this Agreement or if the user has engaged in conduct that violates the terms of this Agreement or applicable law.
Users acknowledge that access to certain features of the Platform may require additional verification, documentation, or compliance with third-party service provider requirements. Lendavo may request additional information or documentation from users in order to verify identity, confirm business legitimacy, or comply with legal and regulatory obligations. Failure to provide such information when reasonably requested may result in limited access to the Platform or suspension of services.
By continuing to use the Platform, you acknowledge and agree that your access to and use of the Services is conditioned upon your continued compliance with the eligibility and authorized use requirements set forth in this section.
3. USER ACCOUNTS AND ACCOUNT SECURITY
In order to access certain features of the Lendavo Business Capital & Growth Platform, users are required to create a user account (“Account”). The Account allows users to access the Platform’s services, including financial analysis tools, document storage, capital readiness insights, integrations with third-party data providers, and other platform functionality.
When registering for an Account, you agree to provide accurate, current, and complete information about yourself and the business entity you represent. Such information may include, but is not limited to, your name, contact information, business name, business address, tax identification number, and other information necessary for the operation of the Platform or for compliance with applicable legal and regulatory requirements. You agree that you will update this information promptly if any information provided during registration becomes inaccurate, incomplete, or outdated.
Each user account must be associated with a valid email address and may require the creation of login credentials, including a username and password. You are responsible for maintaining the confidentiality and security of your login credentials and for restricting access to your account. You agree not to share your login credentials with any unauthorized third party.
You acknowledge and agree that you are solely responsible for all activities that occur under your Account, whether or not such activities are authorized by you. If you become aware of any unauthorized access to or use of your Account, or any other breach of security, you agree to notify Lendavo immediately so that appropriate measures can be taken to protect the integrity of the Platform.
Lendavo shall not be liable for any losses, damages, liabilities, or expenses arising from unauthorized access to your Account resulting from your failure to maintain the confidentiality of your login credentials or otherwise safeguard access to your Account.
In certain cases, an Account may be created or managed by an administrator, advisor, partner, or other authorized representative associated with your organization or with Lendavo. Where an Account is assigned or administered by another party, that administrator may have the ability to access, manage, modify, or disable your Account and the data associated with it. By using such an Account, you acknowledge and agree that the administrator may have such rights and that Lendavo is not responsible for actions taken by administrators with respect to your Account.
You further acknowledge that the use of the Platform requires access to the internet and may require certain hardware, software, or telecommunications services in order to access and use the Services effectively. You are responsible for obtaining and maintaining all equipment, internet connectivity, and software necessary to access the Platform. Any fees charged by internet service providers, telecommunications carriers, or other third-party providers are your responsibility and are separate from any fees charged by Lendavo for the use of the Services.
In connection with your use of the Platform, Lendavo may send you service-related communications, including administrative messages, service announcements, security alerts, updates to the Platform, and other important information related to your Account or the operation of the Services. These communications may be delivered through email, in-platform notifications, SMS messages, or other communication methods you have authorized. While users may opt out of certain marketing communications, you acknowledge that service-related communications are necessary for the operation of the Platform and may continue even if marketing communications are disabled.
Lendavo reserves the right to suspend, restrict, or terminate Accounts that are suspected of being used in violation of this Agreement, applicable law, or the security policies of the Platform. In such cases, Lendavo may investigate suspected violations and may cooperate with law enforcement authorities where appropriate.
By creating an Account and using the Platform, you acknowledge that you are responsible for maintaining the security of your Account and for all activities conducted through that Account, and you agree to take all reasonable measures necessary to protect your login credentials and account information.
4. USE OF THE PLATFORM AND SERVICES
You agree to use the Lendavo Business Capital & Growth Platform and all related Services only in accordance with this Agreement, all policies made available to you within the Platform, and all applicable laws and regulations. The Services provided by Lendavo are intended to assist business owners in analyzing financial readiness, monitoring credit information, evaluating business performance, and identifying potential capital opportunities. You may use the Services only as permitted by this Agreement and applicable law, including all applicable import, export, and re-export control laws and regulations.
Your use of the Platform does not grant you ownership of any intellectual property rights in or to the Services, the Platform, or any content provided through the Platform, other than the data or materials that you personally provide or upload. The software, technology, algorithms, analytical models, scoring systems, and other components of the Platform remain the exclusive property of Lendavo or its licensors. Except as expressly permitted by this Agreement, you may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or otherwise attempt to extract the source code or underlying methodologies of the Platform or any portion of the Services.
The Platform may display, reference, or make available certain information, materials, or content that is not owned or controlled by Lendavo, including content provided by third-party service providers, financial institutions, data providers, or other users of the Platform. Such content is the sole responsibility of the entity that makes it available. Lendavo does not endorse and is not responsible for the accuracy, completeness, legality, or reliability of any third-party content made available through the Platform.
Lendavo may, but is not obligated to, review content or materials submitted to the Platform in order to determine whether such content violates this Agreement, applicable laws, or Platform policies. Lendavo reserves the right, in its sole discretion, to remove, refuse to display, or restrict access to any content that it reasonably believes violates the terms of this Agreement or applicable law. However, Lendavo has no obligation to monitor, review, or verify the accuracy of any particular content submitted to the Platform.
In connection with your use of the Services, Lendavo may send you service announcements, administrative messages, technical notices, and other information related to your Account or the operation of the Platform. These communications may include notifications regarding changes to the Services, security alerts, updates to platform functionality, and other information necessary for the effective operation of the Services. While you may opt out of certain marketing communications where permitted by law, you acknowledge that service-related communications are an essential part of using the Platform and may continue while your Account remains active.
Some features of the Platform may be accessible through mobile devices, tablets, or other internet-enabled devices. If you access the Platform using a mobile device, you acknowledge that your wireless service provider may charge fees for data usage, messaging services, or other network-related services. You are solely responsible for any such charges and for ensuring that your use of the Platform complies with all applicable safety laws and regulations. You agree not to use the Platform while driving or engaging in any activity that could distract you from obeying traffic or safety laws.
You further agree that you will not use the Platform in any manner that could interfere with, disrupt, or negatively impact the operation of the Services or the experience of other users. Prohibited activities include, but are not limited to, attempting to gain unauthorized access to the Platform or other user accounts, introducing malicious software or harmful code, scraping or harvesting platform data without authorization, or attempting to circumvent security protections implemented by Lendavo.
Lendavo reserves the right to suspend or discontinue providing the Services to you if you do not comply with the terms of this Agreement or if Lendavo reasonably suspects misconduct, fraudulent activity, or violation of applicable laws. In such cases, Lendavo may take appropriate actions to protect the integrity of the Platform and the interests of its users.
By using the Platform, you acknowledge and agree that your use of the Services must comply with the policies and restrictions described in this section and that any violation of these provisions may result in suspension or termination of your access to the Platform.
5. CREDIT REPORT ACCESS AND MONITORING AUTHORIZATION
In connection with your use of the Lendavo Business Capital & Growth Platform and the Services provided through it, you acknowledge and expressly authorize Lendavo and its authorized service providers to obtain, review, and monitor credit-related information concerning you and the business entity you represent. This authorization allows Lendavo to obtain both business credit reports and, where applicable, consumer credit reports through third-party credit reporting agencies and data providers for the purpose of providing credit monitoring, evaluating funding readiness, and generating analytical insights within the Platform.
Credit information may be obtained from credit reporting agencies and data providers including, but not limited to:
You understand and agree that the credit inquiries performed in connection with the Platform are generally conducted as soft inquiries, which are used for informational and monitoring purposes and typically do not affect your personal or business credit scores. These inquiries are used solely to enable Lendavo to provide credit monitoring services, generate analytical insights, and assist users in evaluating potential eligibility for financing opportunities.
By using the Platform and providing the necessary identifying information, you provide your ongoing written authorization for Lendavo and its authorized partners to obtain and monitor credit report information on your behalf for as long as your Account remains active or you continue to use Services that require credit monitoring. This authorization allows Lendavo to periodically access updated credit data in order to provide ongoing credit monitoring alerts, changes in credit information, and updated analytical insights within the Platform.
You acknowledge that credit report information accessed through the Platform is obtained from third-party data providers and that Lendavo does not control the accuracy, completeness, or reliability of such information. Credit reporting agencies are responsible for the accuracy of the data contained in their reports. If you believe that information contained in a credit report is inaccurate or incomplete, you may contact the applicable credit reporting agency directly to dispute such information in accordance with the procedures established by that agency.
You further acknowledge that access to credit report information is subject to applicable laws and regulations governing the use of credit data, including but not limited to the Fair Credit Reporting Act (FCRA) and other applicable federal and state laws. By authorizing Lendavo to obtain credit report information, you represent that you have the legal authority to provide such authorization and that any information provided in connection with this authorization is accurate and complete.
Lendavo may rely on the credit information obtained through these authorized inquiries to provide insights, alerts, scoring models, and other analytical features available through the Platform. However, such information is provided solely for informational purposes, and Lendavo makes no representation or warranty regarding the accuracy, completeness, or reliability of any credit data obtained from third-party sources.
If you choose to discontinue credit monitoring services or close your Account, Lendavo will cease obtaining new credit report information except as necessary to comply with legal or regulatory obligations, resolve disputes, or maintain records required for operational or compliance purposes.
By continuing to use the Platform, you acknowledge that you have read and understand the provisions of this section and that you voluntarily authorize Lendavo to obtain and monitor credit report information in accordance with the terms described herein
6. FINANCIAL DATA ACCESS AND THIRD-PARTY DATA INTEGRATIONS
In order to provide users with financial analysis, funding readiness insights, and capital opportunity identification, the Lendavo Business Capital & Growth Platform may integrate with third-party financial data providers and software systems that maintain financial or operational information relating to a user’s business. These integrations allow the Platform to retrieve certain financial data, which may include transaction information, revenue performance, financial statements, and other business metrics used to generate insights within the Platform.
By choosing to connect financial accounts, accounting platforms, payment processors, or other financial data sources to the Platform, you expressly authorize Lendavo and its authorized service providers to access and retrieve financial data from such sources on your behalf. This authorization may include the use of application programming interfaces (“APIs”), secure authentication protocols, or other data access technologies designed to enable the transfer of financial data between your financial service providers and the Platform.
The financial data integrations supported by the Platform may include connections to services such as:
Such integrations may be facilitated through third-party providers including, but not limited to, Uptiq.ai, Plaid, or other financial data aggregation technologies that connect to banking institutions, accounting software providers, or financial systems. These third-party providers may access financial account data in order to transmit such information to the Platform for analysis and presentation to the user.
You acknowledge and agree that by enabling such integrations you are granting permission for the Platform and its authorized partners to access financial information associated with your business accounts. This may include transaction history, account balances, revenue data, financial statements, or other information necessary for the operation of the Platform’s analytical tools and readiness scoring models.
Financial data retrieved through these integrations may be used for a variety of purposes within the Platform, including but not limited to:
You acknowledge that financial data obtained through third-party integrations is provided by external service providers and that Lendavo does not control the accuracy, completeness, or timeliness of such information. Lendavo shall not be responsible for any errors, delays, inaccuracies, or omissions contained in financial data provided by third-party systems.
You further acknowledge that the availability of certain integrations may depend upon the continued cooperation of third-party service providers and financial institutions. Lendavo does not guarantee that any particular financial institution, accounting platform, or financial data provider will remain compatible with the Platform or continue to provide access to their systems.
By authorizing financial data integrations, you represent and warrant that you have the legal authority to grant such access to the financial accounts or systems being connected and that any credentials or permissions provided to enable such integrations are accurate and valid.
You may revoke authorization for financial data access at any time by disconnecting the applicable integration through the Platform settings or by contacting Lendavo support. However, revoking such access may limit the functionality of certain features of the Platform, including financial analytics and funding readiness assessments that rely on such data.
Lendavo reserves the right to modify, suspend, or discontinue specific financial data integrations as necessary to maintain security, comply with legal obligations, or adapt to changes in third-party service availability.
By continuing to use the Platform and enabling financial data integrations, you acknowledge that you have read and understood the provisions of this section and consent to the retrieval and use of financial data as described herein.
7. IDENTITY VERIFICATION AND FRAUD PREVENTION
In order to maintain the security and integrity of the Lendavo Business Capital & Growth Platform and to protect users, lenders, and other service providers from fraudulent activity, Lendavo may implement identity verification, authentication, and fraud prevention procedures as part of the user onboarding process and during ongoing use of the Platform.
By creating an account and using the Services, you authorize Lendavo and its authorized service providers to verify your identity and the legitimacy of the business entity you represent through various verification methods. Such verification may include the collection and analysis of identifying information provided by you, the verification of such information against third-party databases, and the use of automated fraud detection technologies.
Identity verification services may include, but are not limited to, verification performed through:
As part of these verification procedures, Lendavo may request additional documentation or information from you, including but not limited to:
You agree to provide accurate and complete information in connection with any identity verification request and to cooperate with any reasonable procedures required to verify your identity or the identity of the business entity you represent.
Lendavo may use automated systems and third-party services to analyze information for the purpose of detecting fraudulent behavior, identity misrepresentation, suspicious financial activity, or other conduct that could pose a risk to the integrity of the Platform or to third-party service providers connected to the Platform.
If Lendavo determines, in its reasonable discretion, that a user account presents a risk of fraud, identity misrepresentation, or other unauthorized activity, Lendavo reserves the right to suspend, restrict, or terminate the account pending further investigation. Lendavo may also request additional documentation or verification before allowing continued access to the Platform.
You acknowledge that certain identity verification procedures may be required in order to access specific features of the Platform, including services that involve financial data analysis, credit monitoring, or connections with lenders or financial institutions. Failure to complete required verification procedures may result in limited access to the Platform or inability to access certain Services.
Lendavo may also share limited identifying information with third-party service providers, lenders, or verification partners when necessary to facilitate identity verification, fraud prevention, or compliance with applicable laws and regulations. Such sharing will be conducted in accordance with the Platform’s privacy practices and applicable data protection laws.
By continuing to use the Platform, you acknowledge and consent to the identity verification and fraud prevention measures described in this section and understand that such measures are necessary to protect the security and integrity of the Services.
8. PROPRIETARY SCORING SYSTEMS AND ANALYTICAL MODELS
The Lendavo Business Capital & Growth Platform may generate analytical insights, evaluations, and readiness indicators designed to assist users in understanding how financial institutions may evaluate their businesses for potential financing. These insights may include proprietary scoring systems and analytical models developed by Lendavo to analyze business data, financial performance indicators, credit information, and other relevant inputs.
Among the analytical tools made available through the Platform may be proprietary readiness indicators such as the Funding Ready Score, SBA Readiness Score, and other analytical models that evaluate various financial and operational factors associated with a business. These scores are generated using proprietary methodologies that may incorporate multiple sources of information, including user-provided data, business credit information, financial performance data, and other indicators derived from integrated third-party data sources.
The Funding Ready Score and SBA Readiness Score are intended to provide users with an informational assessment of how certain financial characteristics of their business may align with common lending criteria used by financial institutions. These scores may identify factors that could improve a business’s readiness for financing or highlight areas where additional preparation may be beneficial before seeking capital.
Users acknowledge that these scoring systems and analytical tools are based on proprietary algorithms and models developed by Lendavo. All such methodologies, scoring systems, analytical frameworks, software processes, and related intellectual property are the exclusive property of Lendavo and are protected by applicable intellectual property laws. Nothing in this Agreement grants users the right to reproduce, distribute, reverse engineer, decompile, or otherwise attempt to derive the underlying methodologies used to generate these scores or analytical outputs.
The analytical models and scoring systems used by the Platform are designed to provide informational insights only and should not be interpreted as guarantees of financing approval, credit eligibility, loan terms, or funding outcomes. Lending institutions and financial service providers may use their own underwriting criteria, risk models, and evaluation processes that may differ from the analytical methods used by the Platform.
Users acknowledge that the data used to generate analytical scores may originate from multiple sources, including user-submitted information and third-party data providers. Lendavo does not guarantee the accuracy, completeness, or reliability of such data and shall not be responsible for errors, omissions, or inaccuracies contained in the information used to generate Platform insights.
The scoring systems and analytical insights provided through the Platform are intended to assist users in better understanding financial readiness and identifying potential areas for improvement. However, users remain solely responsible for evaluating any financial decisions and for determining whether to pursue financing opportunities or other business actions based on the information provided through the Platform.
Lendavo reserves the right to modify, update, refine, or replace its proprietary scoring methodologies at any time as part of the ongoing development and improvement of the Platform. Users acknowledge that the analytical models used by the Platform may evolve over time as new data sources, technologies, or analytical techniques are incorporated into the Services.
By using the Platform, you acknowledge and agree that the analytical scores and insights provided through the Services are proprietary tools intended for informational purposes and that they do not constitute financial advice or guarantees of financing eligibility.
9. ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED INSIGHTS
The Lendavo Business Capital & Growth Platform may incorporate artificial intelligence (“AI”), machine learning systems, automated analytics tools, and predictive modeling technologies designed to analyze business data and generate informational insights intended to assist users in evaluating financial readiness and identifying potential growth or financing opportunities.
These AI-driven systems may analyze information obtained from a variety of sources, including user-provided information, credit report data, financial account integrations, revenue performance data, and other operational indicators related to a user’s business. Based on these inputs, the Platform may generate automated recommendations, alerts, readiness insights, or informational guidance intended to assist users in improving their financial position or preparing for potential financing opportunities.
The Platform may utilize automated systems to generate insights such as:
Users acknowledge that these AI-based tools rely on automated analytical models and data inputs that may be incomplete, outdated, or inaccurate. While Lendavo endeavors to design and maintain reliable analytical tools, the Company does not guarantee the accuracy, reliability, or completeness of any insights, predictions, or recommendations generated by the Platform’s automated systems.
The AI-generated outputs and automated recommendations provided through the Platform are intended solely as informational tools and should not be interpreted as professional advice, financial advice, legal advice, accounting advice, investment advice, or guarantees of financing outcomes. Users remain solely responsible for evaluating their own business decisions and should consult qualified financial, legal, or accounting professionals before making significant financial decisions.
You further acknowledge that artificial intelligence systems are inherently probabilistic and may produce outputs that are incomplete, inaccurate, or inconsistent with real-world outcomes. Lendavo shall not be liable for any losses, damages, or business decisions made in reliance upon insights or recommendations generated by the Platform’s automated systems.
The AI systems used within the Platform, including the algorithms, models, analytical processes, and software systems that power such technologies, are proprietary technologies owned or licensed by Lendavo. Users are prohibited from attempting to reverse engineer, replicate, copy, or otherwise derive the underlying methodologies used by such systems.
Lendavo reserves the right to modify, enhance, replace, or discontinue AI-driven features at any time as part of the ongoing development of the Platform. Certain AI features may also be released as experimental or beta features and may be modified or removed as the technology evolves.
By using the Platform, you acknowledge and agree that automated insights and recommendations generated by artificial intelligence systems are informational in nature and that you remain solely responsible for your business decisions and actions taken based on such information.
10. CAPITAL MATCHING AND THIRD-PARTY LENDER RELATIONSHIPS
The Lendavo Business Capital & Growth Platform may provide users with tools designed to help identify potential financing opportunities that may be available through third-party lenders or financial service providers. Based on financial data, credit information, user-provided information, and analytical models available through the Platform, Lendavo may present users with information about financing programs or capital products that may align with the user’s business profile.
These capital opportunity insights may include information regarding various forms of financing, which may include, but are not limited to:
The identification or display of such financing opportunities is provided solely as a convenience to users and does not constitute an endorsement or recommendation by Lendavo of any particular lender, financing program, or financial product. Users acknowledge that Lendavo does not control the underwriting standards, lending criteria, approval processes, or funding decisions of any lender or financial institution.
Lendavo is not a bank, lender, broker-dealer, or financial institution, and the Platform does not originate loans, extend credit, or make lending decisions. All financing approvals, underwriting evaluations, credit limits, interest rates, repayment terms, and other loan conditions are determined solely by the independent lenders or financial institutions offering such products.
Users acknowledge that qualification for financing depends on numerous factors that may include credit history, financial performance, business structure, revenue history, debt obligations, and lender-specific underwriting criteria. The availability of financing programs may change at any time based on the policies of participating lenders, changes in regulatory requirements, economic conditions, or other factors beyond the control of Lendavo.
While the Platform may assist users in identifying potential financing opportunities or may facilitate introductions to lenders or financing partners, Lendavo makes no representations or warranties that a user will qualify for financing, receive specific loan amounts, obtain particular interest rates, or receive funding from any lender.
In certain circumstances, users may submit information through the Platform that may be shared with participating lenders or financial service providers for the purpose of evaluating potential financing opportunities. Users acknowledge that lenders may request additional information, documentation, or verification before considering a financing application.
Users also acknowledge that lenders may independently conduct credit inquiries, request financial documentation, or perform underwriting evaluations separate from the analytical tools provided by the Platform. Any financing application submitted to a lender may be subject to the lender’s own terms, conditions, privacy policies, and underwriting requirements.
The relationship between Lendavo and participating lenders is limited to facilitating connections between users and potential financing providers. Lendavo does not act as an agent, fiduciary, or representative of either the user or the lender in connection with financing transactions. Any agreements entered into between users and lenders are solely between those parties, and Lendavo shall not be responsible for the performance, actions, or decisions of any lender or financial institution.
By using the Platform and engaging with financing opportunities presented through it, users acknowledge that Lendavo’s role is limited to providing informational tools and facilitating potential introductions to financing providers and that all financing decisions remain solely within the control of the independent lenders offering such products.
11. VENDOR AND THIRD-PARTY SERVICE PROVIDERS
In addition to identifying potential capital opportunities, the Lendavo Business Capital & Growth Platform may present users with information regarding third-party products or services that may assist businesses in improving their financial readiness, operational infrastructure, or overall fundability. These third-party providers may offer services that are commonly used by businesses seeking to establish or strengthen their financial profiles.
Such third-party services may include, but are not limited to:
The availability of such services through the Platform is intended to assist users in identifying resources that may support the development or growth of their businesses. In certain cases, the Platform may provide links to third-party websites, allow users to submit information to third-party providers, or otherwise facilitate introductions to such providers.
Users acknowledge that these third-party providers operate independently from Lendavo and that Lendavo does not own, control, manage, or operate the businesses offering such services. As a result, Lendavo makes no representations or warranties regarding the quality, reliability, legality, pricing, or suitability of any third-party products or services made available through the Platform.
Any agreements entered into between users and third-party vendors are solely between those parties. Lendavo shall not be responsible for the performance, actions, or omissions of any third-party vendor or service provider, including but not limited to service delivery, pricing disputes, product quality, or contractual obligations.
Users are encouraged to independently evaluate any third-party service providers before entering into agreements with them and to review the terms, conditions, and privacy policies governing the services offered by those providers.
In certain circumstances, Lendavo may receive compensation, referral fees, or commissions from third-party vendors whose products or services are introduced through the Platform. Such compensation arrangements do not create an agency relationship between Lendavo and the vendor, nor do they influence the independence of the Platform’s analytical tools or informational resources.
Lendavo may also modify, add, or remove third-party vendor relationships at any time as part of the ongoing development of the Platform and the resources made available to users.
By using the Platform and engaging with third-party vendors introduced through it, users acknowledge that Lendavo’s role is limited to providing informational connections to such providers and that Lendavo shall not be responsible for any products, services, or agreements offered by those third parties.
12. REFERRAL COMPENSATION AND AFFILIATE RELATIONSHIPS
The Lendavo Business Capital & Growth Platform may present users with information about financial products, financing programs, business services, and other resources offered by independent third-party providers. In certain circumstances, Lendavo may have commercial relationships with some of these third-party providers, including lenders, financial institutions, service vendors, and other companies that offer products or services to businesses using the Platform.
As part of these relationships, Lendavo may receive referral fees, commissions, marketing fees, or other forms of compensation from third-party providers when users are introduced to such providers through the Platform and subsequently apply for or obtain services from those providers. These compensation arrangements may vary depending on the type of product or service offered, the provider involved, and the nature of the transaction.
Such compensation may be received in connection with, among other things:
In addition, the Lendavo Platform may be promoted, marketed, or resold by independent partners, affiliates, advisors, consultants, or other authorized representatives (“Partners”). These Partners may offer access to the Platform to their clients or customers and may determine the pricing or fee structure under which the Platform is offered. In such cases, Partners may receive compensation or commissions related to the sale or promotion of the Platform or related services.
Users acknowledge that the existence of referral relationships or compensation arrangements does not create a fiduciary relationship between Lendavo and the user and does not obligate Lendavo to recommend any particular lender, financing program, or vendor service. Any information presented through the Platform regarding third-party services is intended to assist users in identifying potential resources and does not constitute a recommendation, endorsement, or guarantee of suitability.
Users remain solely responsible for evaluating any third-party products or services presented through the Platform and for determining whether such services are appropriate for their business needs. Any agreements entered into between a user and a third-party provider are solely between those parties, and Lendavo shall not be responsible for the performance, obligations, or actions of any third-party provider.
Lendavo may update, modify, or discontinue referral relationships or affiliate arrangements at any time as part of its business operations or the continued development of the Platform. Users acknowledge that the availability of certain providers through the Platform may change from time to time.
By using the Platform, you acknowledge and agree that Lendavo may receive compensation from certain third-party providers introduced through the Platform and that such compensation arrangements are disclosed as part of this Agreement.
13. DOCUMENT STORAGE, FILE UPLOADS, AND USER CONTENT
The Lendavo Business Capital & Growth Platform may provide users with tools that allow the uploading, storage, and management of documents, financial records, and other content related to a user’s business operations or financing activities. These tools may include a document vault or similar storage functionality designed to assist users in organizing materials that may be relevant to evaluating financial readiness or preparing for potential financing applications.
Users may upload, submit, store, transmit, or otherwise provide documents through the Platform, which may include, but are not limited to:
Users acknowledge and agree that they are solely responsible for the accuracy, authenticity, and legality of any documents or information uploaded to the Platform. By submitting such content, users represent and warrant that they have the legal right to provide such materials and that the documents provided are true, accurate, and not misleading.
Lendavo does not independently verify the accuracy or completeness of documents uploaded by users. The Platform may store such documents solely for the purpose of providing Services, facilitating analysis within the Platform, or assisting users in organizing materials that may be required for financing applications or business operations.
Users retain ownership of the intellectual property rights in any content they upload to the Platform. However, by uploading or submitting content to the Platform, users grant Lendavo and its authorized service providers a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, transmit, and process such content for the limited purposes of operating, maintaining, and improving the Platform and providing the Services described in this Agreement.
Documents and files uploaded to the Platform may be stored using secure cloud infrastructure operated by third-party providers, including services hosted through Amazon Web Services (AWS) or similar enterprise-grade hosting environments. Lendavo employs commercially reasonable security practices designed to protect stored data, including encryption and secure access controls.
However, users acknowledge that no data transmission or storage system can be guaranteed to be completely secure. While Lendavo implements security measures designed to protect data stored on the Platform, the Company cannot guarantee absolute security and shall not be responsible for unauthorized access to user data resulting from circumstances beyond its reasonable control.
Users are encouraged to maintain their own copies and backups of any documents uploaded to the Platform. Lendavo shall not be responsible for any loss, corruption, or deletion of documents or files stored within the Platform.
Lendavo reserves the right to remove or restrict access to any uploaded content that it reasonably believes violates this Agreement, infringes upon the rights of others, or is unlawful or harmful to the integrity of the Platform.
By uploading or submitting documents or other content to the Platform, users acknowledge that such materials may be processed by automated systems or shared with authorized service providers when necessary to facilitate the Services provided through the Platform.
Users further acknowledge that if they choose to share documents with third-party lenders, vendors, or service providers through the Platform, those third parties may obtain access to such materials subject to their own privacy policies and terms of service.
By using the document upload and storage features of the Platform, you acknowledge that you understand and agree to the responsibilities and limitations described in this section.
14. DATA OWNERSHIP, PRIVACY, AND DATA USE
The Lendavo Business Capital & Growth Platform collects, processes, and stores various categories of information in order to provide the Services described in this Agreement. Such information may include user account information, business profile data, financial information obtained through authorized integrations, credit report data, documents uploaded by users, and other information necessary for the operation of the Platform.
Users retain ownership of the information and materials that they provide to the Platform, including documents, financial records, and other data submitted through the Services (“User Data”). Nothing in this Agreement transfers ownership of User Data to Lendavo.
However, by submitting or providing User Data through the Platform, you grant Lendavo a non-exclusive, worldwide, royalty-free license to access, process, analyze, store, reproduce, transmit, and otherwise use such data solely for the purpose of providing, maintaining, improving, and operating the Services offered through the Platform. This license includes the right for Lendavo to share necessary data with authorized service providers, financial data partners, identity verification providers, and other third parties when such sharing is necessary to deliver the functionality of the Platform.
Users acknowledge that certain personnel associated with Lendavo may have access to User Data in order to maintain the Platform, provide support services, facilitate financing introductions, or improve the functionality of the Services. Such personnel may include:
Access to User Data by such personnel is limited to the extent necessary to perform their operational roles in supporting the Platform and delivering the Services.
Lendavo may also collect and analyze aggregated, anonymized, or de-identified data derived from user activity on the Platform. Such aggregated data does not identify individual users and may be used for purposes including improving the functionality of the Platform, developing new features, conducting internal analytics, and improving the accuracy of analytical models and scoring systems.
Lendavo may retain certain information associated with user accounts after an account is closed or terminated where such retention is reasonably necessary to comply with legal obligations, resolve disputes, enforce agreements, maintain security records, or support auditing and compliance requirements.
The collection, use, and protection of personal information are also governed by Lendavo’s Privacy Policy, which may be made available through the Platform. The Privacy Policy describes how Lendavo collects, uses, and protects personal information obtained through the Services and is incorporated by reference into this Agreement.
Users acknowledge that the transmission of data over the internet may involve the transfer of information through systems not owned or controlled by Lendavo. While Lendavo implements reasonable security measures designed to protect user information, users understand that no data transmission system can be guaranteed to be completely secure.
By using the Platform and providing information through the Services, you acknowledge that you understand and agree to the data ownership, processing, and usage practices described in this section.
15. PLATFORM SECURITY AND DATA PROTECTION
Lendavo is committed to implementing reasonable administrative, technical, and organizational safeguards designed to protect the security, confidentiality, and integrity of data stored or processed through the Lendavo Business Capital & Growth Platform. The Platform utilizes industry-standard security practices intended to help protect user information from unauthorized access, alteration, disclosure, or destruction.
The Platform is designed to operate using modern security architecture and may incorporate safeguards including, but not limited to:
User data stored within the Platform may be hosted using enterprise-grade cloud infrastructure provided by reputable hosting providers, including but not limited to Amazon Web Services (AWS) or similar secure hosting environments. These environments are designed to support secure data storage, redundancy, and system reliability.
Lendavo may also implement security practices aligned with industry security frameworks, including practices commonly associated with SOC 2–aligned security principles, which focus on security, availability, and confidentiality of systems and data. However, users acknowledge that the existence of such practices does not constitute a guarantee that security incidents will never occur.
Users acknowledge that no method of transmitting information over the internet or storing information electronically can be guaranteed to be completely secure. Despite Lendavo’s implementation of reasonable security measures, the Company cannot guarantee the absolute security of information transmitted through or stored within the Platform.
Users are responsible for maintaining the security of their own devices, internet connections, and login credentials used to access the Platform. Users agree to take reasonable precautions to protect their account credentials and to prevent unauthorized access to their accounts or devices.
In the event that Lendavo becomes aware of a security incident that results in unauthorized access to user information stored within the Platform, Lendavo may take reasonable steps to investigate the incident and mitigate potential harm. Where required by applicable law, Lendavo may provide notifications to affected users regarding certain types of security incidents.
Users acknowledge that the security of their information may also depend on the security practices of third-party providers integrated with the Platform, including financial data providers, credit reporting agencies, and other service partners. Lendavo is not responsible for the security practices or systems of such third-party providers.
By using the Platform, you acknowledge that you understand and accept the security practices and limitations described in this section and agree that Lendavo shall not be liable for unauthorized access to user data resulting from events beyond the Company’s reasonable control, including but not limited to cyberattacks, system failures, or security breaches affecting third-party service providers.
16. ACCEPTABLE USE AND PROHIBITED CONDUCT
Users agree to use the Lendavo Business Capital & Growth Platform and all related Services only for lawful purposes and in accordance with the terms and conditions set forth in this Agreement. The Platform is intended to assist legitimate businesses in evaluating financial readiness, organizing financial information, and identifying potential capital opportunities. Any use of the Platform that is inconsistent with these purposes or that violates applicable laws or regulations is strictly prohibited.
Users agree that they will not use the Platform in any manner that could harm, disrupt, or interfere with the operation of the Services or the experience of other users. Users also agree that they will not engage in any activity that attempts to bypass, disable, or compromise the security features or operational integrity of the Platform.
Without limiting the generality of the foregoing, users agree that they will not:
Users further agree that they will not use the Platform in connection with any activity that violates applicable laws, including but not limited to fraud, identity theft, financial misrepresentation, or other unlawful business practices.
Users acknowledge that the analytical tools, scoring systems, and capital opportunity insights available through the Platform are intended to assist legitimate businesses in evaluating readiness for financing. Any attempt to manipulate or exploit these systems for improper purposes may result in immediate termination of access to the Platform.
Lendavo reserves the right, in its sole discretion, to investigate suspected violations of this section and to take appropriate action if such violations occur. Such actions may include:
Users acknowledge that violations of this section may also expose them to legal liability under applicable laws and regulations.
By using the Platform, you acknowledge and agree that compliance with the acceptable use requirements described in this section is a fundamental condition of access to the Services, and that Lendavo may suspend or terminate access to the Platform if these requirements are not followed.
17. BETA FEATURES AND PLATFORM MODIFICATIONS
From time to time, Lendavo may introduce new features, tools, integrations, or functionality within the Lendavo Business Capital & Growth Platform that are designated as beta, experimental, preview, or otherwise identified as features still under development (“Beta Features”). These Beta Features are made available in order to allow users to test new capabilities and to allow Lendavo to evaluate functionality, performance, and usability prior to full commercial release.
Users acknowledge that Beta Features may be incomplete, may contain errors or technical issues, and may not operate in the same manner as fully released features of the Platform. Beta Features may also be subject to additional limitations or restrictions that are communicated through the Platform at the time the feature is made available.
Because Beta Features are experimental in nature, Lendavo makes no representations or warranties regarding the reliability, availability, performance, or suitability of such features for any particular purpose. Beta Features are provided “as is” and may be modified, suspended, or discontinued at any time without notice.
Users understand and agree that Beta Features may rely on evolving technology, integrations, or analytical systems that may change during the development process. As a result, data generated through Beta Features may be modified, reset, or removed as part of ongoing development and testing.
In addition to Beta Features, Lendavo reserves the right to modify, enhance, update, replace, or discontinue any portion of the Platform or Services at any time. Such modifications may include changes to:
Lendavo may also introduce new features, services, integrations, or capabilities into the Platform as part of its ongoing product development and improvement efforts. These updates may include integrations with additional data providers, financial institutions, business service vendors, or other third-party systems.
Users acknowledge that the Platform is a continuously evolving technology system and that features, services, and functionality may change over time. Lendavo shall not be liable for any losses, damages, or disruptions resulting from modifications to the Platform, including the removal or modification of specific features.
By using the Platform, you acknowledge that Beta Features and Platform updates are part of the ongoing development of the Services and agree that such changes may occur as Lendavo continues to improve and expand the capabilities of the Platform.
18. PLATFORM AVAILABILITY AND SERVICE INTERRUPTIONS
Lendavo makes commercially reasonable efforts to maintain the availability and functionality of the Lendavo Business Capital & Growth Platform. However, users acknowledge that the Platform is a web-based technology service that relies on internet connectivity, third-party infrastructure providers, and integrated external systems, and therefore uninterrupted access to the Platform cannot be guaranteed.
The Platform may from time to time experience interruptions, delays, or service disruptions due to scheduled maintenance, system upgrades, security updates, hardware failures, software errors, network outages, or other circumstances beyond the reasonable control of Lendavo. Lendavo reserves the right to temporarily suspend access to the Platform or specific features of the Services in order to perform maintenance, implement updates, address security issues, or improve system performance.
Users acknowledge that certain features of the Platform rely on integrations with third-party systems, including but not limited to credit reporting agencies, financial data providers, identity verification providers, financial institutions, and other external services. The availability and performance of such integrations are dependent upon the continued operation and cooperation of those third-party systems. Lendavo shall not be responsible for service interruptions, delays, or data availability issues caused by the failure, modification, or discontinuation of third-party services.
Lendavo does not guarantee that the Platform will be available at all times or that it will operate without interruption, error, or delay. The Services are provided on an “as available” and “as is” basis, and users acknowledge that temporary outages or performance limitations may occur from time to time.
Users are responsible for maintaining the hardware, software, internet connectivity, and telecommunications services necessary to access and use the Platform. Lendavo shall not be responsible for service disruptions resulting from issues related to a user’s internet service provider, network connection, hardware configuration, or other user-controlled technical environment.
In the event of significant service interruptions affecting the Platform, Lendavo may take reasonable steps to restore functionality as quickly as practicable. However, Lendavo shall not be liable for any losses, damages, or business interruptions resulting from temporary unavailability of the Platform or the Services.
By using the Platform, users acknowledge that access to the Services may be subject to interruptions and that Lendavo does not provide any service level agreement guaranteeing continuous availability of the Platform.
19. COMMUNICATIONS CONSENT (EMAIL, SMS, PHONE, AND IN-APP NOTIFICATIONS)
By creating an account, providing contact information, or otherwise using the Lendavo Business Capital & Growth Platform, you expressly consent to receive communications from Lendavo relating to your account, the Services, and other information relevant to your use of the Platform. These communications may include service announcements, account notifications, system alerts, updates regarding platform features, information regarding potential financing opportunities, administrative messages, marketing communications, and other messages related to the operation of the Services.
Such communications may be delivered through various methods, including but not limited to:
By providing a mobile phone number or other contact information, you represent that you are the authorized subscriber or user of that phone number or communication channel and that you have the authority to provide consent to receive communications at that contact point.
You understand and acknowledge that certain communications may be delivered using automated technology, including automated dialing systems or prerecorded messages, where permitted by applicable law. These communications may include service notifications, reminders, account alerts, and other informational or promotional messages related to the Services.
Your consent to receive communications from Lendavo is not a condition of obtaining financing or using certain features of the Platform where such consent is not required by law. However, you acknowledge that certain service-related communications are necessary for the operation of the Platform and may continue to be delivered even if you opt out of marketing communications.
You may opt out of receiving marketing or promotional communications at any time by following the unsubscribe instructions provided in such communications or by adjusting your notification preferences within the Platform where such options are available. Users who receive SMS messages may opt out by replying with applicable stop instructions where such functionality is supported.
You acknowledge that standard message and data rates may apply to SMS or other communications sent to mobile devices depending on the terms of your mobile service plan. Lendavo is not responsible for any charges imposed by your telecommunications provider in connection with such communications.
You further acknowledge that certain service-related communications, including security notifications, account alerts, administrative messages, and other operational communications, may be necessary for the proper functioning of the Platform and may continue to be delivered even if you opt out of certain categories of communications.
By using the Platform and providing contact information, you acknowledge that you have read and understood this section and consent to receive communications from Lendavo in accordance with the terms described herein.
20. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
The Lendavo Business Capital & Growth Platform and all services, features, analytical tools, data integrations, and information made available through the Platform are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, except to the extent that such warranties cannot be excluded under applicable law.
To the fullest extent permitted by law, Lendavo disclaims all warranties, representations, and guarantees of any kind relating to the Platform and Services, including but not limited to:
Lendavo does not warrant that the Platform will always be available, secure, or free from technical errors, bugs, or system interruptions. Users acknowledge that the operation of internet-based services may be affected by factors outside the control of Lendavo, including telecommunications failures, cyberattacks, software defects, third-party system outages, or other technical issues.
The analytical tools, scoring systems, financial insights, and capital opportunity information provided through the Platform are intended solely for informational purposes. Lendavo does not guarantee that any user will qualify for financing, obtain funding, receive specific loan amounts, obtain particular interest rates, or achieve any specific financial outcome as a result of using the Platform.
Users acknowledge that lending decisions are made solely by independent lenders and financial institutions and that Lendavo does not control the underwriting standards, approval criteria, or funding decisions of any third-party lender. Any financing arrangements entered into by a user are solely between the user and the lender providing such financing.
To the maximum extent permitted by law, Lendavo shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the use of the Platform or the Services. This limitation includes, but is not limited to, damages relating to:
In no event shall the total aggregate liability of Lendavo for all claims arising out of or relating to the use of the Platform exceed the greater of five hundred dollars ($500) or the total amount of fees paid by the user to Lendavo during the twelve (12) months preceding the event giving rise to the claim.
The limitations of liability set forth in this section apply regardless of the legal theory under which a claim is brought, including but not limited to contract, tort, negligence, strict liability, or any other legal theory.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, the limitations described in this section shall apply to the maximum extent permitted by applicable law.
By using the Platform, you acknowledge that the limitations of liability described in this section are an essential part of the Agreement and that Lendavo would not be able to provide the Services without such limitations.
21. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lendavo, its parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, partners, licensors, and service providers (collectively, the “Lendavo Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and legal expenses, arising out of or related to:
This indemnification obligation includes any claims brought by third parties arising from your misuse of the Platform, fraudulent activity, submission of false financial information, misrepresentation of business credentials, or unauthorized use of the Services.
Lendavo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such a case, you agree to cooperate fully with Lendavo in asserting any available defenses and in resolving the matter. You may not settle any claim covered by this indemnification obligation without the prior written consent of Lendavo if such settlement would impose any obligation or liability on Lendavo.
Your obligations under this section shall survive the termination of your account or your use of the Platform and shall remain in effect for any claims arising from your activities while using the Services.
22. DISPUTE RESOLUTION AND BINDING ARBITRATION
You and Lendavo agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Lendavo Business Capital & Growth Platform, or the Services provided through the Platform shall be resolved through binding arbitration, except as otherwise provided in this section.
This agreement to arbitrate applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies regardless of whether such claims arise during or after the termination of your use of the Platform.
Before initiating arbitration, the parties agree to first attempt to resolve any dispute informally. If you have a dispute with Lendavo, you agree to notify Lendavo by sending written notice to [email protected] describing the nature of the dispute and the relief sought. The parties shall attempt to resolve the dispute through good faith negotiations for a period of at least thirty (30) days from the date such notice is received before initiating arbitration proceedings.
If the dispute cannot be resolved through informal negotiations, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures then in effect. The arbitration shall be conducted by a single neutral arbitrator.
Unless otherwise required by applicable law, arbitration proceedings shall take place in a location reasonably determined by Lendavo or may be conducted remotely through video conference or other electronic means where permitted by the arbitration administrator.
The arbitrator shall have the authority to award any remedies available under applicable law, subject to the limitations set forth in this Agreement. The arbitrator’s decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties agree that arbitration shall be conducted on an individual basis only, and not as part of any class, consolidated, or representative proceeding, except as otherwise required by applicable law.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent the unauthorized use, disclosure, or misappropriation of intellectual property or confidential information.
By agreeing to this arbitration provision, you acknowledge that you are waiving the right to bring claims in court and the right to have disputes decided by a judge or jury, except as otherwise provided in this section.
23. CLASS ACTION WAIVER
To the fullest extent permitted by applicable law, you and Lendavo agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or the Services shall be brought and resolved solely on an individual basis and not as part of any class action, collective action, representative action, or other consolidated proceeding.
You expressly agree that you may bring claims against Lendavo only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Likewise, the arbitrator shall have no authority to consolidate claims or conduct any form of class or representative arbitration.
Unless both you and Lendavo expressly agree otherwise in writing, the arbitrator may not:
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
If this Class Action Waiver is found to be unenforceable with respect to a particular claim, then such claim shall proceed in a court of competent jurisdiction, but the remaining provisions of the arbitration agreement shall remain in full force and effect.
By agreeing to this provision, you acknowledge that you are waiving the right to participate in a class action lawsuit or class arbitration against Lendavo and that any disputes must be resolved individually.
24. GOVERNING LAW
This Agreement and any disputes, claims, or controversies arising out of or relating to this Agreement, the Lendavo Business Capital & Growth Platform, or the Services provided through the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles that would require the application of the laws of another jurisdiction.
You acknowledge and agree that the laws of the State of Florida shall apply to all matters relating to the interpretation, validity, enforcement, and performance of this Agreement, regardless of where you reside, where you access the Platform, or where the Services are used.
To the extent that any dispute or claim is permitted to proceed in a court of law rather than through arbitration as described in this Agreement, the parties agree that such dispute shall be brought exclusively in a state or federal court located within the State of Florida, and the parties hereby consent to the personal jurisdiction and venue of such courts.
You further agree that any claim arising out of or related to your use of the Platform or the Services must be brought within the time period permitted under applicable Florida law, and you waive any objection to the jurisdiction or venue of the courts described in this section.
This governing law provision shall apply to the maximum extent permitted by applicable law and shall survive the termination of this Agreement or your use of the Platform.
25. EXPORT COMPLIANCE
The Lendavo Business Capital & Growth Platform, the Services provided through the Platform, and any software, technology, or data made available through the Platform may be subject to United States export control laws and regulations, including but not limited to the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, as well as other applicable export control and economic sanctions laws administered by the United States government.
By accessing or using the Platform, you represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region that is subject to comprehensive economic sanctions imposed by the United States government, and that you are not otherwise prohibited from accessing or using the Services under applicable export control laws.
You further represent and warrant that you are not listed on, and are not acting on behalf of any person or entity listed on, any United States government list of prohibited or restricted parties, including but not limited to the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List.
You agree that you will not use, export, re-export, transfer, or otherwise make available the Platform, the Services, or any underlying technology in violation of applicable export control laws or regulations. This includes, but is not limited to, the transfer of software or technology to restricted countries, individuals, or entities in violation of United States law.
Users are responsible for complying with all applicable laws and regulations relating to the export or transfer of software, technology, or data accessed through the Platform. Lendavo reserves the right to suspend or terminate access to the Services if it determines, in its sole discretion, that a user’s access to the Platform may violate applicable export control laws or regulations.
Nothing in this Agreement shall be interpreted to require Lendavo to provide access to the Platform or Services in violation of any applicable export control or sanctions law.
26. MODIFICATION OF TERMS AND ENTIRE AGREEMENT
Lendavo reserves the right, at its sole discretion, to modify, update, revise, or replace any portion of this Agreement at any time. Any such modifications may be made in order to reflect changes in the Platform’s functionality, legal requirements, business practices, or operational policies.
When changes are made to this Agreement, Lendavo may post the updated version on the Platform or otherwise make the revised terms available through the Services. The updated Agreement shall become effective upon posting unless a later effective date is specified. It is your responsibility to review this Agreement periodically to remain informed of any changes.
Your continued access to or use of the Platform after any modifications to this Agreement have been posted constitutes your acceptance of the updated terms. If you do not agree with any modifications to the Agreement, you must discontinue use of the Platform and Services.
This Agreement, together with any policies, guidelines, or additional terms referenced herein or made available through the Platform, constitutes the entire agreement between you and Lendavo concerning your access to and use of the Platform and Services and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter of this Agreement.
If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible under applicable law, and the remaining provisions of the Agreement shall remain in full force and effect.
The failure of Lendavo to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lendavo in writing. Any waiver of any provision of this Agreement shall apply only to the specific instance for which it is given and shall not be deemed a continuing waiver of such provision or any other provision of this Agreement.
You may not assign or transfer this Agreement or any rights or obligations under this Agreement without the prior written consent of Lendavo. Lendavo may assign this Agreement, in whole or in part, without restriction in connection with a merger, acquisition, sale of assets, or other corporate transaction.
This Agreement shall remain in effect for as long as you use the Platform or maintain an account with Lendavo and shall survive the termination of your use of the Services to the extent necessary to enforce the rights and obligations of the parties.