Terms of Service

Last Updated: March 25, 2024

These Terms of Service (“Terms”) govern your access to and use of this website and related services (“Services”) made available to you by Capflows, LLC (defined below). Please read these Terms carefully before using any Services or submitting information to us through this website. By using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

You represent and warrant that you are at least the age of majority in your jurisdiction and have capacity to agree to these Terms.

Capflows is not a lender or licensed financial advisor. Using Capflows is not to be construed as submitting a formal loan application and responses from participating lenders or lending partners are not guaranteed nor are they to be construed as formal offers to lend. Information and guidance provided by a Capflows representative or any Services should not be used as a substitute for legal, accounting, real estate, business, tax, or other types of professional advice.

The following terminology applies to these Terms and any terms incorporated herein by reference: “Client”, “Borrower”, “You” and “Your” refers to you, the person using the Services and accepting the these Terms. “Capflows”, “Ourselves”, “We”, “Our” and “Us”, refers to Capflows, LLC. “Lender” refers to prospective lenders and other financial institutions who receive leads from the Services. “Party”, or “Parties”, refers to you and us. “User” refers to any user of the Services, including you, Lenders, and other clients and borrowers. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of our stated services/products, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Capflows may modify these Terms, or any policy or guideline of the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you may cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account, if applicable. Unless otherwise specified, any modifications will be effective immediately upon posting on the Services, and your continued use of the Services after such time will constitute your acceptance of such modifications. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at contact@capflows.com.

The Services we provide are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1. Privacy Policy

Please refer to Capflows Privacy Policy available here for information on how CapFlows collects, uses and discloses personal information from its users. We may use, collect and disclose your personal information in accordance with the Privacy Policy, which is incorporated into these Terms.

2. Services: Fees; Charges; Taxes

Our Services may be provided to you through the use of third-party services and platforms that may be used to supplement our other Services. These third-party services may disclosure of your financial and personal information to us with your permission. Please see our Privacy Policy for more information.

You acknowledge that we use third-party services and platforms in connection with our Services, as further set forth in our Privacy Policy.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and hiring legal counsel.

Our Financial Analyst ("Analyst") may attempt to provide data management and financial reporting services to a Client or Borrower before, during and after the submission of a formal loan application. These services should not be construed as formal legal or any other professional advice and should not be construed as formal offers to lend. Nothing in these Terms or in any course of dealing between you and us should be construed to form a fiduciary relationship between you and us; all of your and our rights and obligations are purely contractual as set forth in these Terms. Any individual contract or agreement you execute with Capflows or any Lender/Vendor is at your own risk and you are solely responsible for the accuracy of all information provided on any document, contract or agreement submitted to any prospective Lender or Vendor. Capflows only conducts business in states where it is properly registered/licensed or is excluded from registration/licensing requirements.

You further acknowledge, understand and agree that any fees charged by Capflows are not for loan acquisition services related to any federally guaranteed small business loan program through the U.S. Small Business Administration (SBA) that the Client may obtain through the Services of Capflows. We may also charge lead generation fees to Lenders or Vendors for any leads that are generated by and purchased through our Website. In addition, we may receive compensation from a Lender, via a Broker Agreement, upon a successfully closed transaction. If requested, Capfows may provide customized Services to Clients or Borrowers for additional fees or charges by executing individual “Service Agreements”.

3. Ownership, Copyright and Trademarks

The content on or provided to you through the Services, including all information, names of products and services, documentation, computer code, our website, functionality relating to the Services, databases, logos, copyrights, trademarks, designs, graphics, pictures, sound files, other files, components, and content, and all other intellectual property associated with the Services, and their design, selection and arrangement, is called “Content”. “User Content” is content provided by Users, whether they are Borrowers, Lenders or other Users. For example, data provided by Lenders about financial products is User Content of that Lender and data provided by a Borrower about its business is User Content of that Borrower.

User Content is that User’s property. Capflows’s only rights to that User Content are described in Section 4.

Other than the User Content, all Content is the property of Capflows or its licensors, and is protected by United States and international intellectual property laws, and all rights to the Content are expressly reserved. Reference to any products, services, processes or other information does not constitute or imply endorsement, sponsorship or recommendation thereof by CapFlows.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Capflows website in connection with the Services.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Services now and in the future. For example, if a Borrower needs assistance with a business loan request, Capflows will need the right to use and share that User Content to locate and alert suitable Lenders for that purpose.

Therefore, by posting or distributing User Content through the Services, you (a) grant Capflows and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right and license to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content through the Services, in the manner in and for the purposes for which Capflows from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services and otherwise to grant Capflows the aforementioned license and rights; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right and license to use and share such User Content to such Users for their use in connection with their use of the Services.

5. Limited License of Content to You

Capflows grants you a limited, revocable, non-exclusive, non-sublicenseable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Services or the Content, or reproduce, distribute or display the Services or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The license in this Section is revocable by CapFlows at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any third party or breach any contract or legal duty to any third parties, or violate any applicable law.

6. Use of Interactive Areas and the Services

In General

You acknowledge that our Services involve our commercial relationships with third-party services and platforms. As such, you agree not to use the Services, or any of such third-party services and platforms:

for any illegal or discriminatory purpose, in furtherance of illegal activity, or in any manner that does not comply with all applicable laws, regulations, rules, ordinances, and other legal requirements of all applicable jurisdictions, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, U.S. Export Control Laws and Regulations, or other laws;
in any manner that is, or upload or transmit any content that is, unlawful, harmful, threatening, abusing, harassing, stalking, bullying, threatens violence, defamatory, vulgar, obscene, or infringes, misappropriates, or otherwise violates another’s intellectual property, proprietary, or privacy rights;
in support of or as a part of any organization designated by the United States as a foreign terrorist organization by the United States Secretary of State;
in any manner that breaches any applicable third-party terms;
to send or disseminate other person’s private and confidential information, such as credit card numbers or Social Security/National Identity numbers, without that person’s express authorization and permission;
for the purpose of spamming others or sending junk mail, chain letters, or pyramid schemes (including “phishing” or “spoofing”);
to impersonate others in a manner that does or is intended to mislead, confuse, or deceive others;
to provide false information about your identity or pretend to be another user in order to gain access to any account, computers or networks without authorization, or access any such account, computers or network by any means other than the publicly supported interfaces (e.g., “scraping”);
to disseminate any virus, worm, Trojan Horses, corrupted files, spyware, malware, malicious code, or other program or software designed to interrupt, damage, or limit any software, hardware, or data;
to remove, circumvent, disable, damage or otherwise interfere with security features;
probe, scan, or test the vulnerability of the Services or of relevant third-party platforms and services;
to intentionally interfere with or damage operation of, or any User’s enjoyment of, the Services (including relevant third-party services and platforms), including by (i) uploading, disseminating, or using any robot, spider, offline reader, scraper or other automated means to access the Services without our express written permission; or (ii) selling, transferring, or allowing another person other than the rightful User to access any account password or use that User’s account;
to modify, reproduce, copy, adapt, alter, improve, translate, imitate the look and feel, duplicate, copy or reuse any portion of the HTML/CSS or visual design elements, or create derivative works from, the Services or that of relevant third parties;
to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or of any relevant third-party;
to merge the Services with other software;
to sublicense, lease, rent, loan, transfer, “mirror” or otherwise make available the Services or any relevant third-party platforms or services, to any third party;
to use the Services or any relevant third-party platforms and services, to develop a product that is similar to the same, or to operate a service bureau;
to publish or disclose any results of any benchmark tests run on the Services or by any relevant third party or any component thereof;
to commercialize User’s use of the Services, or that of any relevant third party; or
to remove, alter, or obscure any trademarks, trade names, logos, slogans, branding, symbols, labels, or copyrights or other proprietary notice.

Interactive Areas

The Services may include discussion forums, blogs, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items in connection with the Services (“Interactive Areas”). If Capflows provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the CapFlows website in connection with the Services will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; unsolicited promotions, political campaigning, advertising or solicitations; private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use; viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgment of Capflows, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Capflows or its affiliates or its users to any harm or liability of any type. Finally, Capflows has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

7. Data Security

Capflows does not store credit card data on its servers and uses a third-party processor, that is Payment Card Industry Data Security Standard (PCI DSS) compliant, to store a User’s credit card data and to process any transaction. In addition, Capflows utilizes third-party platforms that use Secure Sockets Layer (SSL) certificates to encrypt personal data transferred between all Parties.

However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use Capflows, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Users who enable auto-billing and choose to store the credit card information through the third-party payment processor accept these risks to the security of that credit card information.

When storing credit card information using the Capflows Payment Information page, Users acknowledge that they are aware of, and accept as satisfactory, Capflows's third-party service provider’s credit card protection procedure. Ultimately, credit card data is provided by Users and they are responsible for its protection.

8. Links to Other Sites

The Services may involve links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Capflows does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Capflows provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Capflows’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Capflows accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Content, Third-Party Sites, or websites linked through the Services. When you access Third-Party Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9. Advertisements and Promotions

Capflows may run advertisements and promotions from third parties through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CapFlows, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CapFlows is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers through the Services.

10. Warranty Disclaimer

The Content and Services provided by Capflows are provided to you on an “as is” and “as available” basis without warranties from Capflows of any kind, either express or implied. To the maximum extent permitted by applicable law, Capflows expressly disclaims all warranties, express or implied, including without limitation implied warranties of quality, merchantability, fitness for a particular use or purpose, title, non-infringement, and any arising from a course of dealing or usage in trade. Capflows does not represent or warrant that the Services or Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Services, the Content or any portion thereof.

While Capflows attempts to make your access to and use of the Services safe, Capflows does not represent or warrant that the Services or any Content are free of viruses or other harmful components. Capflows has no responsibility for the timeliness, deletion, misdelivery, or failure to store any User Content. No advice or information, oral or written, obtained by you from Capflows or in any manner from the Services creates any warranty.

We make no representation that the Services are appropriate or available for use in locations other than the United States. If you choose to access or use the Services from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Services is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Services, and any other damage that may be incurred.

Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.

11. Limitation of Liability; Indemnity

In the event that you have a dispute with one or more Lenders, you hereby release Capflows, its affiliates, officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You waive and shall not assert any claims or allegations of any nature whatsoever against Capflows, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the Services at your own risk.

Without limitation of the foregoing, to the maximum extent permitted by applicable law, neither Capflows nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services or the Content, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from Capflows or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Capflows or any other Released Party’s records, programs or services.

Without limiting the foregoing, in no event shall the aggregate liability of Capflows, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any compensation paid by you for access to or use of the Services during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless Capflows and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of or in connection with (A) your misuse of any Content, material, or other data downloaded or otherwise obtained from the Services, (B) your breach of these Terms, (c) your order of Products or services through the Services, or (D) your use of the Services, and if you are a Borrower, from Lenders’ use of the Services and from the use of the Services by any person to whom you give access to your account (including staff), including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights of any third party. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

12. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your registration data. Second, we may post the notice elsewhere on the Capflows website. When we post notices on the Capflows website, we post them in the area of the Capflows website suitable to the notice.

Subject to the Privacy Policy, if you send to Capflows or post through the Services in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Capflows can use the User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them through the Services or send them to us.

13. Resolution of Disputes

If a dispute arises between you and Capflows, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Capflows agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a “Claim”) in accordance with one of the subsections below.

Any controversy or claim arising out of or relating to these Terms and/or the services provided by Capflows shall be resolved first by mediation. If controversy or claim is not resolved via mediation, Capflows and you will then resolve the claim via binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue for Arbitration shall be Hillsborough County, FL.

Law and Forum for Disputes - These Terms shall be governed in all respects by the laws of the State of Florida as they apply to Terms entered into and to be performed entirely within Florida between United States residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CapFlows must be resolved by a court located in Hillsborough County, FL, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hillsborough County, FL for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims - All claims you bring against Capflows must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, CapFlows may recover attorneys’ fees and costs up to $1,000, provided that CapFlows has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

14. Termination/Modification of License and Services Offerings

Notwithstanding any provision of these Terms, Capflows reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

15. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Capflows may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Capflows, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Capflows regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Capflows regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

16. General

Capflows, LLC d/b/a Capflows. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign these Terms in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

We may amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 5 days after they are initially posted. These Terms may not be otherwise amended except in writing signed by you and us. These Terms sets forth the entire understanding and Terms between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.