Terms of Use — DRAFT

DRAFT FOR LEGAL REVIEW. Do not publish until a lawyer approves it.
Items in [brackets] must be filled in before launch.

Business MCA
Effective date: [Month Day, Year]
Website: businessmca.com

PLEASE READ THESE TERMS CAREFULLY. SECTION 14 HAS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.

1. Agreement to these Terms

These Terms of Use ("Terms") are an agreement between you and [Legal company name], a [State] [LLC / corporation], doing business as Business MCA ("Business MCA", "we", "us", "our").

These Terms apply when you visit businessmca.com (the "Website") or use our services, including our application form (together, the "Services"). If you use the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services for a business, you confirm that you have the authority to accept these Terms for that business. In that case, "you" means you and the business.

2. Who we are and what we do

We are a broker. We are not a lender. We do not make loans, merchant cash advances, or any other funding. We do not make credit decisions.

We collect your information and send it to independent funding companies in our network ("Funding Partners"). A Funding Partner may make you an offer. Any funding is between you and the Funding Partner, under the Funding Partner's own agreement. We are not a party to that agreement.

A merchant cash advance is a purchase of future receivables. It is not a loan.

We do not act as your agent, advisor, or fiduciary. We do not give legal, tax, accounting, or financial advice. Before you accept any funding offer, read the offer carefully and talk to your own advisors.

3. No guarantee of funding

Submitting an application does not mean you will receive an offer or funding. We do not guarantee:

• That you will be approved
• Any funding amount, rate, fee, term, or payment schedule
• How fast you will receive an offer or funds

Statements on the Website such as "funding in 24 hours", "up to $2 million", and "even with up to 5 existing MCAs" describe the best possible results for qualified businesses. They are not promises. Each Funding Partner decides by its own rules. Results depend on your business, your documents, and the Funding Partner.

4. Eligibility

To use the Services, you must:

• Be at least 18 years old
• Be the owner, an officer, or an authorized representative of the business
• Use the Services only for business purposes and not for personal, family, or household purposes
• Be located in the United States

5. Your information

When you submit information or documents, you confirm that:

• All information is true, complete, and correct
• You have the right to give us the information and documents, including bank statements
• You will not submit information about another person or business without permission

If you give false or misleading information, we may reject your application and report it to the authorities. You are responsible for any results of false information.

6. Authorization to share and verify your information

By submitting an application, you authorize us to:

• Share your application, your information, and your documents with our Funding Partners and our service providers
• Verify the information you give us

You also authorize our Funding Partners to get information about you and your business from third parties. This can include business and personal credit reports, bank information, and public records, for the purpose of reviewing your request. Each Funding Partner will handle your information under its own privacy policy.

7. Communications

By submitting your phone number and email and checking the consent box, you agree that Business MCA and our Funding Partners may contact you by phone call, text message, and email about your funding request. These calls and texts may use automated technology or prerecorded messages.

• Your consent is not a condition of getting funding.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to stop text messages. Reply HELP for help.
• You confirm that you are the owner or authorized user of the phone number you give us. If your number changes, you must tell us.

Electronic communications. You agree to receive notices, disclosures, and records from us electronically. You agree that your electronic consent has the same legal effect as a handwritten signature.

8. Fees

[Choose one, based on your business model:]

• [Option A: We do not charge you a fee for using the Services. We may receive compensation from Funding Partners. This compensation can affect which Funding Partners we send your application to.]
• [Option B: Describe any fees you charge the business.]

9. Acceptable use

You agree that you will not:

• Use the Services for any illegal or fraudulent purpose
• Submit false information or apply in another person's name
• Upload files with viruses or harmful code
• Try to get unauthorized access to the Website, our systems, or other users' data
• Use bots, scrapers, or other automated tools to access the Website
• Interfere with or damage the Website
• Copy, sell, or resell any part of the Services

10. Intellectual property

The Website and its content, including text, design, logos, graphics, and code, belong to Business MCA or its licensors. They are protected by copyright, trademark, and other laws. You may view the Website for your own business use only. You may not copy, change, distribute, or use our content or trademarks without our written permission.

11. Third-party sites and services

The Website may link to websites or services of third parties, including Funding Partners. We do not control them and we are not responsible for them. Your use of them is at your own risk and under their terms.

12. Disclaimer of warranties

THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE, ERROR-FREE, OR SECURE, OR THAT THE INFORMATION ON IT IS COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, OFFERS, TERMS, OR DECISIONS OF ANY FUNDING PARTNER.

13. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW:

• BUSINESS MCA AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, THAT RESULTS FROM YOUR USE OF THE SERVICES OR FROM ANY FUNDING YOU RECEIVE OR DO NOT RECEIVE.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT BE MORE THAN THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply to all legal theories, including contract, tort, negligence, and strict liability, even if we were told that damages were possible. Some states do not allow some of these limits. In those states, the limits apply to the fullest extent the law allows.

14. Arbitration agreement and class action waiver

a. Binding arbitration. You and Business MCA agree to settle any dispute, claim, or controversy related to these Terms or the Services ("Dispute") by binding individual arbitration, and not in court. This includes Disputes about whether this arbitration agreement is valid or applies.

b. Exceptions. Either party may (1) bring an individual claim in small claims court, or (2) ask a court for an order to stop infringement of intellectual property.

c. Informal resolution first. Before you start arbitration, you must send us a written notice of your Dispute and give us 30 days to try to resolve it.

d. Rules. The arbitration will be run by [the American Arbitration Association (AAA) under its Commercial Arbitration Rules]. It will take place in [County, State], or by video or phone. One arbitrator will decide the Dispute. The arbitrator's decision is final, and any court with jurisdiction may enforce it. The Federal Arbitration Act applies to this Section.

e. Class action waiver. YOU AND BUSINESS MCA AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OF MORE THAN ONE PERSON. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

f. Time limit. You must start any claim within one (1) year after the claim arises. If you do not, the claim is permanently barred, to the extent the law allows.

g. Severability of this Section. If a court decides that the class action waiver is not enforceable, then this whole Section 14 is void, and the Dispute will go to court as described in Section 15.

15. Governing law and venue

These Terms are governed by the laws of the State of [State], without regard to its conflict of law rules. If a Dispute goes to court, it will be heard only in the state or federal courts in [County, State], and you agree to their jurisdiction.

16. Indemnification

You agree to defend, indemnify, and hold harmless Business MCA and its owners, officers, employees, agents, and Funding Partners from all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) that result from:

• Your use of the Services
• Any information or documents you submit
• Your breach of these Terms
• Your violation of any law or the rights of any third party

17. Suspension and termination

We may refuse, suspend, or end your access to the Services at any time, for any reason, without notice. Sections 2, 3, 5, 6, 10, and 12 to 20 continue after your access ends.

18. Changes to the Services and these Terms

We may change, suspend, or stop the Services at any time. We may update these Terms at any time. We will post the new version on this page and change the effective date. If you use the Services after we post changes, you accept the new Terms.

19. General terms

• Entire agreement. These Terms and our Privacy Policy are the full agreement between you and us about the Services.
• Severability. If any part of these Terms is not enforceable, the rest stays in effect.
• No waiver. If we do not enforce a part of these Terms, we do not give up our right to enforce it later.
• Assignment. You may not transfer these Terms. We may transfer them without your consent.
• Force majeure. We are not liable for delays or failures caused by events outside our reasonable control.
• Headings. Headings are for convenience only.

20. Contact us

If you have questions about these Terms, contact us:

• Email: [legal or privacy email]
• Mail: [mailing address]