Terms of Service

01Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Funders First, Inc. ("Funders First," "we," "us," or "our"). By using our website, platform, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

02Description of Services

Funders First provides debt restructuring services for businesses with existing merchant cash advance (MCA) obligations. Our services include:

• Analysis of existing debt obligations
• Negotiation with funders to restructure payment terms
• Development of sustainable payment plans
• ISO partner referral programs
• Access to our online dashboard and tools
• Scheduling of introductory calls through this website

03Eligibility

To use our services, you must:

• Be at least 18 years old
• Have the legal authority to enter into binding agreements
• Be a business owner or authorized representative of a business
• Provide accurate and complete information
• Not be prohibited from using our services under applicable law

04Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

05User Responsibilities

You agree to:

• Provide truthful and accurate information in all submissions
• Upload only documents you are authorized to share
• Not misrepresent your identity or business information
• Cooperate with our team during the restructuring process
• Make agreed-upon payments under any restructuring plan
• Not use our services for any illegal purpose

06ISO Partner Terms

If you participate in our ISO Partner Program, additional terms apply:

• You must complete the onboarding process and provide required documentation
• Commissions are paid only on successfully funded restructuring deals
• Commission rates and structures are subject to change with notice
• You may not make false or misleading claims about our services
• You must comply with all applicable laws and regulations

Your executed Channel Partner Agreement governs where it differs from this section.

07Fees and Payments

Our fee structure will be disclosed to you before you commit to our services. By proceeding with our services, you agree to:

• Pay all applicable fees as agreed
• Authorize payment processing as specified
• Understand that fees may vary based on the complexity of your situation

Specific fee arrangements will be outlined in your individual service agreement. ACH authorization terms are described in Section 4 of our Privacy Policy.

08No Guarantees

Results are not guaranteed. While we strive to achieve favorable outcomes for our clients, we cannot guarantee that funders will agree to restructuring terms, that specific payment reductions will be achieved, or that your business situation will improve. Each case is unique, and outcomes depend on many factors beyond our control.

09Intellectual Property

All content on our website, including text, graphics, logos, software, and the Halcyon™ analysis system, is the property of Funders First or our licensors and is protected by intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks without written authorization
• Reverse engineer or attempt to extract our proprietary technology
• Use automated systems to access our platform without permission

10Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to:

• — MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• — NON-INFRINGEMENT
• — ACCURACY OR COMPLETENESS OF INFORMATION
• — UNINTERRUPTED OR ERROR-FREE SERVICE

11Limitation of Liability

To the maximum extent permitted by law, Funders First shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the cause of action or whether we have been advised of the possibility of such damages.

Our total liability for any claim arising from these Terms or our services shall not exceed the fees you paid to us in the twelve (12) months preceding the claim.

12Indemnification

You agree to indemnify, defend, and hold harmless Funders First, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or information you provide to us

13Dispute Resolution

Governing Law

These Terms shall be governed by the laws of the State of Arizona, without regard to conflict of law principles.

Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration in Phoenix, Arizona, in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive relief in court for intellectual property violations or other urgent matters.

14Termination

We may suspend or terminate your access to our services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use our services immediately ceases
• We may delete your account and data (subject to legal retention requirements)
• Provisions that should survive termination will remain in effect

Termination of website access does not relieve you of payment obligations under an executed Merchant Agreement.

15Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of our services after changes constitutes acceptance of the modified Terms.

16Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and any service agreements, constitute the entire agreement between you and Funders First.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.

17Contact Us

For questions about these Terms of Service, please contact us: