Terms of Use

Flokapital
Operated by Flokapital, a company organized under the laws of [State of formation]
Effective Date: [Effective Date]

These Terms of Use ("Terms") are a binding agreement between you and Flokapital ("Flokapital," "we," "us," or "our"). They govern your access to and use of our website, calculators, educational content, funding-application tools, communications, and related services (the "Services").

By accessing or using the Services, or by clicking to agree when we present these Terms, you agree to these Terms, our Privacy Policy, our Disclosures, and, if you opt in to texts or marketing calls, our SMS Terms (together, the "Legal Terms"). If you do not agree, do not use the Services or submit an application.

We may also use third-party application and technology platforms to collect or process applications, and CRM or communications providers to help manage relationships. Those providers’ terms may also apply when you use their tools.

1. Eligibility and authority

The Services are intended only for individuals who are at least 18 years old, are located in the United States, and are seeking information or funding for a bona fide business. You represent that you have the legal capacity to enter into these Terms and, if you are acting for a business, that you are an owner, officer, or other authorized representative with authority to bind that business and to provide information about its owners and guarantors as needed for a commercial funding application.

You may not use the Services if you are a consumer seeking credit for personal, family, or household purposes. See Section 3.

2. Changes to the Terms

We may update these Terms from time to time. The "Effective Date" will change when we do. For material changes, we may provide additional notice as required by law. If you continue to use the Services after the updated Terms become effective, you agree to the updated Terms, except that changes to the arbitration agreement in Section 18 will not apply to a dispute of which we had actual notice on or before the effective date of the change, unless you agree otherwise. If you do not agree, you must stop using the Services.

3. Commercial-purpose use only

The Services, including any application, pre-qualification, or referral, are offered solely for commercial (business) purposes. You represent and warrant that any funding you request, and any information you submit, is for a business, commercial, or agricultural purpose and is not for personal, family, or household use.

You understand that consumer-purpose credit laws (including many provisions of the Truth in Lending Act, ECOA as applied in a consumer context, and similar consumer statutes) may not apply to commercial transactions, and that commercial financing is often subject to different rules, including certain state commercial financing disclosure laws described in our Disclosures.

If you are seeking a consumer loan or other consumer-purpose credit, do not use the Services for that purpose.

4. Nature of our Services; we are not a lender

Flokapital is a funding brokerage, marketplace, and education brand. We are not a bank, not a lender, not a creditor, and not a government agency. We are not the U.S. Small Business Administration ("SBA") and are not affiliated with, endorsed by, or sponsored by the SBA, the U.S. Department of the Treasury, or any other government agency, unless we expressly say otherwise in a particular program.

We may:

• provide educational content and calculators;
• collect a funding profile or application;
• review or organize information you provide;
• introduce you to, or submit information to, unaffiliated Funding Providers (banks, non-bank lenders, receivables purchasers, lessors, and similar companies); and
• communicate with you and with those providers about potential options.

We do not make loans or credit decisions. Any financing, purchase of receivables, lease, or other product is offered solely by the Funding Provider, on its own terms, and is subject to that provider’s eligibility standards, underwriting, verification, documentation, and approval. Submitting information to us does not obligate you to accept any product and does not obligate us or any provider to offer or fund any product.

5. No professional advice and no guarantee

The Services, including articles, comparisons, calculators, estimates, and conversations with our team, are for general educational and informational purposes. They are not legal, tax, accounting, credit, underwriting, or other professional advice, and they are not an offer, commitment, or guarantee of approval, amount, rate, factor rate, term, fee, speed, or funding.

Past or illustrative results, testimonials, or "sample" funding plans are not promises of what you will receive. Your results will depend on your business profile, the market, and the Funding Provider.

You should evaluate any offer carefully, including cost, speed, collateral, personal guaranties, and prepayment terms, and consult your own advisors as needed.

6. Broker compensation

Flokapital may receive compensation from Funding Providers or other third parties if you are referred, if you submit an application, or if you close a financing or funding transaction. Compensation may be a flat fee, a percentage of the amount funded, or another arrangement, and may vary by provider and product. This compensation may affect which options we present or the order in which we present them, though we strive to help you understand paths that may fit your situation.

You are not charged a fee by Flokapital merely to check options or submit a profile through our standard process, unless we clearly disclose a fee in advance and you agree to it. A Funding Provider’s product will have its own interest, fees, factor rates, or other costs, which you should review in that provider’s documents.

We may have financial relationships with some providers and not others. Ratings, educational content, or calculator outputs are not for sale in exchange for favorable treatment, but sponsored or partner relationships, if any, should be treated with that understanding.

7. Applications, accuracy, and your responsibilities

You agree to provide information that is true, accurate, current, and complete, and to update it promptly if it changes. You agree that you will only submit information and documents that you have the right to provide, including information about co-owners, officers, or guarantors (and that you have any required authorization from those individuals).

You are responsible for maintaining the confidentiality of any portal credentials and for activity under your account or email. Notify us promptly of unauthorized use at [Contact Email].

We may refuse, suspend, or end access to the Services, or decline to forward an application, if we believe you have violated these Terms, provided false information, engaged in fraud, or created risk to us, a Funding Provider, or others.

8. Credit authorization and FCRA consent

By submitting an application or by checking the authorization box we present, you authorize Flokapital, its employees, agents, service providers (including third-party application and technology platforms and CRM or communications providers, as applicable), and Funding Providers to whom your information is referred, to obtain consumer reports and commercial or business credit reports and other information about you, your business, and, where permitted, other owners or guarantors, from consumer reporting agencies and other sources, for the purposes of:

• evaluating a commercial funding inquiry or application (a permissible purpose under the Fair Credit Reporting Act, 15 U.S.C. § 1681b, and similar laws);
• identity verification and fraud prevention;
• reviewing, servicing, or updating an application or relationship; and
• as otherwise permitted by law and described in our Disclosures.

You understand that this process may include a soft inquiry, a hard inquiry, or both. A hard inquiry may appear on a credit report and may affect a credit score. A soft inquiry typically does not affect a score in the same way, but practices vary. We or a Funding Provider should explain, at the relevant stage, whether a hard pull will occur. An initial "check my options" profile may use only self-reported information or a soft inquiry, but moving forward with a provider may involve a hard inquiry.

You authorize the use and sharing of those reports and related information among Flokapital, our service providers, and Funding Providers as needed to process your request.

This authorization is intended to be valid as a written authorization under applicable law and may be signed electronically. If you are authorizing a report about another individual (for example, a co-owner), you represent that you have authority to do so or that the individual will provide a direct authorization as required.

Adverse action. If a Funding Provider or, where applicable, Flokapital takes adverse action based in whole or in part on a consumer report, the party taking that action is responsible for providing any legally required adverse-action notice. Flokapital does not itself approve or decline credit as a lender.

9. E-SIGN consent

By using the Services or submitting an application, you consent to receive and sign records electronically, including these Legal Terms, disclosures, application documents, and communications, under the Electronic Signatures in Global and National Commerce Act ("E-SIGN") and applicable state electronic-signature laws.

You agree that electronic records and signatures have the same legal effect as paper records and wet-ink signatures. You may request a paper copy, withdraw consent, or update your email by contacting [Contact Email], subject to reasonable procedures. Withdrawal of consent may mean we cannot continue to process an application electronically. You are responsible for maintaining a compatible device, internet access, and a current email address, and for being able to open standard electronic documents (for example, HTML or PDF).

10. Telephone, SMS, and TCPA consent

If you provide a phone number, we may use it to contact you manually about your inquiry. Marketing or automated calls and texts are optional.

If you check a box or otherwise opt in to calls or texts, you provide prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Federal Communications Commission’s rules, and similar state laws, for Flokapital, our service providers, and, where specifically disclosed, Funding Providers, to contact you at the number(s) you provide, including your mobile number, using:

• prerecorded or artificial voice messages;
• an automatic telephone dialing system; and/or
• SMS, MMS, or similar text messages,

for purposes that may include application or document follow-up, customer service, and marketing or promotional messages about funding options and our Services.

Message frequency varies. Message and data rates may apply. You can reply STOP to cancel texts and HELP for help, or follow other opt-out instructions we provide. You may also opt out of marketing calls by telling us or using any automated opt-out we offer.

Consent is not a condition of purchasing any good or service, or of submitting an application or obtaining funding. See our SMS Terms for program details.

You represent that you are the subscriber or customary user of the number you provide, or that you have authority to enroll it, and that you will notify us if you change or relinquish the number.

11. Calculators and estimates

Any calculator on the Services (including business loan, SBA, line of credit, equipment, and factor-rate or MCA calculators) produces estimates only. Outputs are based on the assumptions and figures you enter and on standard formulas (for example, amortization or a factor rate multiplied by an advance amount). They are not a quote, underwriting decision, or offer of credit.

Actual payments, fees, APR, factor rates, holdbacks, daily or weekly remittances, residuals, and total cost will depend on the Funding Provider, your profile, and the official terms. Effective APR on a merchant cash advance or short-term product can be high, especially when the term is short. A merchant cash advance is typically a purchase of future receivables, not a loan.

12. Third-party links, platforms, and offers

The Services may link to or integrate third-party websites or platforms, including Funding Provider sites, third-party application and technology platforms, bank-connection tools, and CRM, communications, or scheduling tools. We do not control those third parties and are not responsible for their content, terms, privacy practices, availability, or offers. Your use of them is at your own risk and is subject to their terms.

Any product offered by a Funding Provider is solely that provider’s responsibility. We do not endorse or guarantee any particular provider or product unless we expressly say so in writing.

13. Intellectual property

The Services, including text, graphics, logos, the Flokapital name and clover mark, layout, and software, are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended commercial-informational and application purposes. You may not copy, scrape (except generally available search-engine indexing that we permit), modify, reverse engineer, or commercially exploit the Services or our marks without our prior written consent, except as allowed by mandatory law.

If you submit comments or suggestions, you grant us a worldwide, royalty-free, perpetual license to use them without compensation or obligation to you.

14. Prohibited uses

You agree not to:

• use the Services for any unlawful purpose, or for consumer-purpose credit;
• provide false, misleading, or stolen information, or impersonate another person;
• interfere with or disrupt the Services, or attempt to gain unauthorized access;
• introduce malware or excessive automated requests, or scrape the Services in a way that burdens our systems or violates these Terms;
• use the Services to discriminate unlawfully or to violate another person’s rights;
• reverse engineer or circumvent security or access controls; or
• use our name, marks, or content in a misleading way.

We may monitor use for security and compliance, consistent with our Privacy Policy.

15. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that results will be accurate or reliable; or that any particular Funding Provider, option, or term will be available to you.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, some of the above may not apply to you, but they apply to the fullest extent permitted.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Flokapital, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. This limitation does not apply to liability that cannot be limited under applicable law, including (where such a limitation is prohibited) liability for fraud, willful misconduct, or gross negligence, or for death or personal injury caused by negligence.

The allocation of risk in this Section is an essential basis of the bargain.

17. Indemnification

You will indemnify, defend, and hold harmless Flokapital, its affiliates, and their officers, directors, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your application or the information or documents you provide; (c) your breach of these Terms or of law; (d) your violation of any third-party right; or (e) a dispute between you and a Funding Provider, except to the extent caused by our willful misconduct.

18. Binding individual arbitration; class-action and jury waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial. You may opt out as described below.

18.1 Informal resolution

Before starting arbitration or a small-claims case, you and we agree to try to resolve the dispute informally for 30 days. You agree to send a written description of the dispute and your desired resolution to [Contact Email] or [Business Address], and we will use the contact information we have for you. This informal-resolution step is a condition precedent to arbitration, to the extent permitted by law.

18.2 Agreement to arbitrate

Except as provided in Sections 18.5 and 18.6, you and Flokapital agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Legal Terms, the Services, any application or referral, or any communications between us (a "Dispute") will be resolved by binding individual arbitration, rather than in court, under the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, if the AAA determines they do not apply, under its Commercial Arbitration Rules, in effect at the time the arbitration is filed. The AAA rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on another administrator or a court may appoint one.

The arbitrator will have exclusive authority to resolve Disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court must decide issues relating to the class-action waiver in Section 18.4. The arbitrator may award the same individual relief a court could award, including injunctive or declaratory relief only in favor of the individual party seeking relief.

The arbitration may be conducted by telephone, video, or written submissions, or in person in the county of your U.S. business address or another reasonably convenient location. We will pay arbitration fees as required by the applicable AAA rules or by law for this type of dispute. Each party will bear its own attorneys’ fees unless the arbitrator awards them as allowed by law or the rules.

18.3 Jury waiver

You and we waive any right to a jury trial to the maximum extent permitted by law, whether a Dispute proceeds in arbitration or, if this Section is found unenforceable as to a particular Dispute, in court.

18.4 Class-action waiver

You and we agree that each may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding, unless you and we agree otherwise in writing. If this class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) may be severed and litigated in court, and arbitration will continue as to the rest.

18.5 Small-claims carve-out

Either party may bring an individual action in small-claims court for Disputes that qualify, in a court that has jurisdiction, instead of arbitration.

18.6 Injunctive relief for IP and unauthorized access

Either party may seek provisional or injunctive relief in court to protect intellectual-property rights or to stop unauthorized access to or use of the Services, without waiving the right to arbitrate other issues.

18.7 Opt-out window

You may opt out of this arbitration agreement by sending a written notice, within 30 days after you first agree to these Terms, to [Business Address] or [Contact Email], with the subject or attention line "Arbitration Opt-Out." The notice must include your name, the email and phone number associated with your use of the Services, and a clear statement that you opt out of arbitration. If you opt out, the jury waiver in Section 18.3 will not apply to you, and Disputes will be resolved in court subject to Section 19. Opting out of arbitration does not affect any other provision of these Terms.

18.8 Survival and batch filings

This Section survives termination of these Terms or of your use of the Services. If 25 or more similar demands for arbitration are filed by or with the assistance of the same counsel, the parties agree to discuss a coordinated or batched process consistent with the AAA rules then in effect, without waiving the individual-only nature of each claim.

19. Governing law and venue

These Terms are governed by the laws of the State of [Governing-law State], without regard to conflict-of-law rules, and by the Federal Arbitration Act with respect to Section 18, except that the arbitration agreement is governed by the FAA. If a Dispute proceeds in court (for example, after a valid opt-out, a small-claims case, or a finding that arbitration does not apply), you and we consent to exclusive jurisdiction and venue in the state or federal courts located in [Governing-law State], except for small-claims matters that may be brought in an appropriate small-claims court.

If you are a resident of a state whose law requires that certain claims be brought in that state or prohibits a particular waiver, those mandatory protections apply to the extent required.

20. Miscellaneous

These Legal Terms are the entire agreement between you and us regarding the Services and supersede prior or contemporaneous agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the rest will remain in effect, subject to the severability rule in Section 18.4.

Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale of assets. There are no third-party beneficiaries except as expressly stated (for example, indemnified parties). Headings are for convenience only. "Including" means "including without limitation."

Notices to us should be sent to [Contact Email] or [Business Address]. Notices to you may be sent to the email or mail address you provide, or by posting on the Services, except where a particular method is required by law or by Section 18.7.

21. Contact

Flokapital
[Business Address]
Email: [Contact Email]
Phone: [Phone]