Terms of Use

1. Ownership of Site; Agreement to Terms of Use

The CapTap service and website (each as defined below) are operated by CapTap Capital LLC and its parents, subsidiaries, and affiliates doing business under the CapTap brand (collectively, "CapTap," "we," "our," or "us"). CapTap is in the business of providing customers with merchant cash advances, business financing, and related services (the "Service" or "Services"). CapTap is not an investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. "You" is defined as the individual using the Website (defined below) and the company engaging with the Services. Unless otherwise noted, any agreements, authorizations or consents made by you or permissions granted to you hereunder also apply and are binding on your company seeking our Services.

By using the information, tools, features and functionality located at captap.co or subdomains (the "Website") or by submitting an application for credit to CapTap, you signify that you have read, understand and agree to be bound by these Terms of Use (the "Agreement"). You further agree all information being provided by your company as the borrower and/or by you (either as a guarantor or as an authorized representative of your company) as part of the application process or use of CapTap's Services is accurate and complete.

You may not use the Services if you are under 18 years of age. BY USING THE WEBSITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. You further represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. You understand that (a) we may require you to sign a personal guarantee for the credit obtained by your company from CapTap, and (b) we may take a general lien on your business's assets. Before you use the Services or submit an application to CapTap, you should print or save a copy of this Agreement for your records.

In addition to this Agreement, you and your company may enter into other agreements, including but not limited to a merchant cash advance agreement or promissory note that will govern the terms of your company's financing and use of the Service ("Additional Agreement(s)"). Any Additional Agreements are intended to be in addition to this Agreement, which shall remain in full force and effect. If there is a conflict between this Agreement and any Additional Agreement, such Additional Agreement shall govern with respect to those specific aspects, and shall not otherwise affect the validity of any other aspect of this Agreement.

2. Modifications

CapTap may make changes to this Agreement from time to time at our sole discretion. When we do this, the Last Updated date at the top of this page will be updated indicating when the latest revisions were made. Your continued use of the Services or the Website after update will constitute acceptance of such revisions. We may notify you of changes, but have no obligation to do so and you should periodically visit this page to review any changes to this Agreement as they are binding upon you regardless of whether you actually received notice from CapTap regarding modifications.

3. Credit and Background Check Authorization

You understand and agree that if you submit an application to CapTap, CapTap and our agents, affiliates and assignees are authorized to contact third parties to conduct background checks and other investigative reports, and obtain any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. CapTap has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting file updates, ongoing reviews, renewal of financing, or referral of your business to third party lenders. This includes, but is not limited to, ongoing credit checks and reviews of electronic bank data. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that CapTap is making no commitment or guarantee that any product, evaluation, or guidance provided by CapTap will result in an approval of credit from CapTap or any CapTap lending partner.

4. Registration

While you may use the Website or Services without registering, certain functionalities or areas of the Website require you to register and create a username and password in order to access such portions of the Website. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, and controlling access to and maintaining the confidentiality of your username and password; (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality, or other concerns; and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.

5. Information Collected and Used

For information about CapTap's data collection, protection, and sharing practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how CapTap collects and treats your personal and company information, and protects your privacy, when you access CapTap, the Website, or otherwise use the Services. The policy may be updated from time to time at our sole discretion. Changes will be effective upon posting to the Website. Your continued use of the Website or the Services constitutes your consent to the terms of the Privacy Policy as it exists on the date you access the Website or utilize the Services.

Information You Provide to Us

We collect information that you provide to us, for example when you create or modify your account, register to use the Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work, and mobile telephone numbers; bank and/or other account numbers; financial information; date of birth; Social Security Number; and driver's license or other national, state, or government ID numbers.

Information We Collect Automatically

Location / Geolocation Information and Your Internet Protocol (IP) address.

Information We Collect Through Your Use of the Website

We may use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website.

Advertising

We may use how you browse and shop in order to show you ads for CapTap that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by CapTap. Currently, our Site does not recognize if your browser sends a "do not track" signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads.

6. Site Security

You acknowledge that use of a username and a password is an adequate form of security. You acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send to our Website or Services may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of the Website or Services, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any CapTap customer or user of our Website or Services; (iii) probe, scan or test the vulnerability of the Website, Services, or the CapTap network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, but not limited to, via means of submitting a virus, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us are not encrypted.

7. Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit. Therefore, when you apply for credit, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver's license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company's identity.

In connection with the provision of the Services, users may submit financial information from their business banking account(s). CapTap and CapTap lending partners use this information for funding decisions and may require updates to monitor the performance of customers on an ongoing basis. Users may direct CapTap to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

8. Proprietary Rights

All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software, together with any material made available for download, any content, files, code, documents, images, audio, and video are the proprietary property of CapTap, with all rights reserved. You are solely permitted to use content delivered to you through the Services or Website only on the Services. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services or Website technology.

9. Electronic Communications

By using the Services or the Website, or by submitting any application to CapTap, you consent to receive any and all communications from CapTap and any other document via electronic means. You also consent to allow CapTap, its affiliates or lending partners to respond to any inquiries by email, at the email address you have provided, regardless of the format of the original inquiry.

10. Consent to be Contacted

By submitting your contact information to us (either through an application or any other means), you are expressly consenting to be contacted by CapTap by telephone, text messages, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, or any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

By submitting your contact information, registering for an account, applying for a Service or beginning an application for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, via any contact information we have for you in our records or from other public and nonpublic databases we may lawfully access, and, in connection with any such telephone calls, you consent to the use of pre-recorded/artificial voice messages and/or automatic dialing devices at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your financing or application, including but not limited to reminding you of upcoming payments, collections, and other account-related issues. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location and contact information for you.

You hereby further consent that we may utilize third party services and other providers for the purposes of contacting you on our behalf in accordance with this Agreement.

You authorize CapTap and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls, text messages, using an automatic telephone dialing system (often referred to as an autodialer) or an artificial or prerecorded voice, to the telephone numbers you have provided to CapTap (including your cellular phone numbers). You agree that this consent applies even if the numbers you have provided are currently on any state, federal, or corporate Do-Not-Call registry. You understand that you are not required to provide this consent as a condition of receiving any credit or services from CapTap, and that you may apply for business credit by contacting us directly. You may opt out of receiving calls and marketing from CapTap and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.

11. SMS Text Message Terms and Conditions

You acknowledge and agree that you are opting in to CapTap Capital LLC's ("CapTap") SMS text messaging services by selecting to opt-in on our Website or if you verbally opt-in over the telephone. By opting in to receive SMS text messages, you agree to receive SMS text messages regarding your application, marketing and/or promotions, and general information regarding CapTap's products and services. You understand that you are not required to opt in as a condition of purchasing any property, goods, or services.

By opting in:

• You authorize CapTap to use autodialer or non-autodialer technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number from which you send and confirm the opt-in request).
• For MFA campaigns, CapTap will only ask you to opt in to receive a single message per request.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in.

To opt out of text messages, reply "STOP" to the text message you receive and you will receive a text message confirming that you have been unsubscribed. For help, reply "HELP" to any text message you receive or contact CapTap at (813) 416-8029 or info@captap.co.

Frequency of text messages and maximum number of messages per month may vary. Communications via text message will be to your mobile device, and may include information about any current or future applications, accounts, overdue amounts, products or services that you have with or through CapTap. Message and data rates may apply.

CapTap may terminate its text messaging services or your participation in such services at any time with or without prior notice to you. The network carriers do not guarantee continuous, uninterrupted or secure text message services and will not be liable for any delayed or undelivered text messages. CapTap reserves the right to change these text message terms and conditions at any time, and your continued use of text messages from CapTap constitutes your agreement to all such changes.

12. Digital Millennium Copyright Act Notice

We respect the intellectual property rights of others. If you believe work has been reproduced in a way that constitutes copyright infringement, you may notify our agent by providing the following information:

• Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
• Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
• Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
• A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright issues should be sent to: CapTap Capital LLC, Attention: Legal Department, 10 Kearney Rd Suite 102, Needham, MA 02494, or via electronic mail at legal@captap.co.

13. Third Party Sites or Content

The Website, Services, or other materials sent to you may contain links to other websites or services ("Third Party Sites"), as well as content from third parties. CapTap is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, privacy, security, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and CapTap policies do not apply to those Third Party Sites or third party content.

In addition, if any such link is to another capital provider or lender, CapTap acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. CapTap has no role in, nor any liability for, any decision made or product or service provided by such other capital provider or lender outside of our Website and/or Services.

14. Pre-Dispute Notification

Prior to the filing of any Claim (as defined below), or initiating a lawsuit or arbitration, you agree to provide written notification to CapTap of any alleged Claim (the "Notice"), and must provide an opportunity to cure such Claim. The Notice shall (1) identify the alleged Claim; (2) provide a statement as to the action required to correct the issue giving rise to the alleged Claim; and (3) provide a date, which shall be no less than 30 days from the date of written notification, by which the corrective action must be taken. If CapTap takes the requested corrective action within the time period specified in the Notice, then no lawsuit shall be filed or arbitration demand made relating to the identified Claim. Compliance with this paragraph shall be a condition precedent to bringing any lawsuit or arbitration proceeding against CapTap or its parent, affiliates and subsidiaries.

The Notice by you to CapTap must be sent via certified or registered mail (or through a private carrier that tracks such correspondence) to: CapTap Capital LLC, Attention: Legal Department, 10 Kearney Rd Suite 102, Needham, MA 02494, or via electronic mail at legal@captap.co.

15. Arbitration Agreement and Class Action Waiver

YOU AND CAPTAP AGREE THAT AT THE ELECTION OF EITHER YOU OR CAPTAP, ALL CLAIMS BETWEEN YOU AND CAPTAP SHALL BE RESOLVED THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION PURSUANT TO THIS SECTION.

1. This provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, other applicable federal law, and, to the extent it is applicable, by New York law.
2. Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and CapTap agree that each of the parties intends that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.
3. The term "Claim(s)" is to be given the broadest possible meaning, and includes without limitation, disputes arising from or relating to (i) the Website, this Agreement, and/or any Services, (ii) any transactions effected through the Website or Services, (iii) terms of, or changes or additions to, the Agreement, (iv) any application submitted to CapTap; (v) advertisements, promotions, or oral or written statements relating to the Website, the Services, or any transactions between us, (vi) disputes between you and CapTap, or CapTap's parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or other representatives, and (vii) disputes regarding the validity, enforceability, or scope of this Arbitration section or these terms and conditions.
4. You and CapTap agree that any Claim shall be, at the election of either you or CapTap, resolved by mandatory binding arbitration within a reasonable period of time not to exceed one-hundred eighty (180) days. The arbitration shall be administered by either the American Arbitration Association (AAA) or JAMS in accordance with their respective commercial arbitration rules. The arbitration shall be conducted by a single arbitrator, and the arbitrator shall base the award on applicable law. The arbitration hearing shall occur in the federal district where you are located. The arbitrator's decisions shall be final and binding, are as enforceable as any court order, and are subject to very limited review by a court as set forth in the Federal Arbitration Act.
5. EACH PARTY MAY PURSUE ARBITRATION SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
6. If the foregoing provision is deemed by a court or arbitrator to be unenforceable only as to some Claims asserted by a party, then the parties agree in advance that all proceedings relating to the Claims against which this provision is unenforceable should be stayed and not proceed pending the completion of the arbitration proceeding on all remaining Claims.
7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
8. The foregoing provisions of this Section will not apply to any legal action taken by CapTap to seek an injunction or other equitable relief in connection with any loss, cost, or damage relating to the Website, Service, any content, submissions and/or CapTap's intellectual property rights.
9. Notwithstanding the foregoing, either party may bring qualifying Claims in small claims court.

16. Reasonable Accommodation

Individuals with disabilities who require an accommodation to access our products or services should contact us via email at info@captap.co or by telephone at (813) 416-8029.

17. Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAPTAP OR OUR DIRECTORS, EMPLOYEES OR AGENTS OR ITS LENDING PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE WEBSITE OR SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE, AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME. THE WEBSITE AND SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW.

Governing Law; Venue and Jurisdiction

By accessing the Website or using Services, you agree that the laws of the State of New York, without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Website and Services. By using the Website or Services, or by submitting an application for business credit to CapTap, you agree that you are submitting yourself to the jurisdiction of the courts within the State of New York (including federal courts located in the State of New York), and waive any jurisdictional venue or inconvenient forum objections to such courts.

Indemnification

You agree to defend, indemnify and hold CapTap and its lending partners and their respective affiliates, directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by us arising out of your breach of this Agreement or violation of applicable law, any of your submissions, your use of or access to the Website or Services, or access by anyone accessing the Website or Services using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim, and to direct our own defense in all aspects at your sole expense.

Intellectual Property

The Website and Services are protected by United States and international copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Website or Services (collectively, the "Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by CapTap. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent.

Severability

If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.

18. How to Contact Us

To contact us for questions or concerns, please reach out using any of the methods below: