Lendflow Customer Agreement and Terms of Service
This Lendflow Customer Agreement and Terms of Service (this “ Customer Agreement”) is between Lendflow, Inc. (“ Lendflow” or “ We” or “ Our”) and the commercial entity accepting these terms via click-thru, entering into an order for services incorporating this Customer Agreement by reference, or otherwise accessing the Lendflow services (“ Applicant”, “Customer”, or “ You”). Each of Lendflow and Applicant may be referred to as a “ Party” and collectively as the “ Parties.” By accessing our website, using our services, or submitting a Request for Funding Application, you agree to be bound by these terms.
1. DEFINED TERMS.
The following terms, when capitalized, have the meaning given below:
- Affiliate: any legal entity that a Party owns, that owns a Party, or that is under its common ownership.
- Agreement: collectively this Customer Agreement, any applicable Service Order, and any other addenda which govern the provision of the Services.
- Applicant: a commercial entity which applies for Financing utilizing the Services, or any other end user of the Services as contemplated in the Agreement.
2. SERVICES.
2.1. General. Subject to Your compliance with the terms of this Agreement, and during the term of this Agreement, You may access and use the Services. We will provide the Services in accordance with the Agreement and any laws applicable to Lendflow.
2.2 Lenders. Applicant acknowledges that Lendflow is not a creditor and is not a party to any Financing agreement that Applicant may enter into with a Lender. Applicant’s eligibility for Financing is subject to the Lender’s review and approval of Applicant’s application for Financing.
3. USE LIMITATIONS.
You may only use the Services in connection with a commercial credit transaction, commercial Financing transaction, commercial risk management transaction, or business research purposes. You may not use the Services for any personal, family, consumer, or household purposes or for any marketing purposes unless separately agreed by Lendflow in writing.
4. APPLICANT REQUIREMENTS.
You represent and warrant that: (i) Applicant is an entity located in the United States which is in good standing under the applicable state business organization or commercial code, (ii) the Applicant business owner is at least 18 years of age; (iii) a duly authorized officer or managing member of the Applicant is applying for the Financing, and (iv) all Application Data You provide shall be true, correct, complete, and accurate.
5. SECURITY.
You must reasonably cooperate with Lendflow’s investigation of outages, security incidents, and any suspected breach of the Agreement. You are responsible for keeping Your account permissions, billing, and other account information up to date.
6. APPLICANT INFORMATION.
You agree that We may disclose Applicant Data to Our Representatives, Lenders, Distributors, and third parties as necessary to provide the Services. You consent to Lendflow and its Representatives using Applicant Data to contact You via phone, text, SMS or any similar mechanism for marketing purposes.
7. CREDIT REPORTS.
Applicant authorizes Lendflow and each Lender to request, receive and review any consumer, personal and business reports and other information about Applicant from consumer reporting agencies.
8. INTELLECTUAL PROPERTY.
8.1. Pre-Existing. Each Party shall retain exclusive ownership of Intellectual Property created prior to the commencement of the Services.
8.2. Created by Lendflow. Lendflow shall own all Intellectual Property created as part of providing the Services.
8.3. Infringement. If the delivery of the Services infringes the Intellectual Property rights of a third-party, Lendflow may terminate the applicable Service Order on 90 days’ notice.
9. DISCLAIMERS.
9.1. We do not represent that the Services will always be available, completely secure, or error free.
9.2. Lendflow makes no representation or warranty regarding any third-party products or services.
10. TERM & TERMINATION.
10.1. Term. The term of each Service Order shall commence upon the first occurrence of provided dates.
10.2. Suspension. We may suspend Your access to the Services if We reasonably believe You are using the Services in violation of the Agreement.
11. CONFIDENTIALITY.
Each Party agrees not to use the other’s Confidential Information except in connection with the performance or use of the Services.
12. LIMITATION OF LIABILITY.
Lendflow, its Representatives, and their sources shall not be liable for any loss or injury arising out of or caused by their acts or omissions.
13. INDEMNIFICATION.
You will pay the cost of defending claims arising from Your actual or alleged misconduct, breach of applicable law, or breach of the Agreement.
14. ASSIGNMENT.
You may not assign the Agreement without the prior written consent of Lendflow.
15. SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS.
Lendflow may use its Affiliates or subcontractors to perform all or any part of the Services but remains responsible under the Agreement.
16. NOTICES.
Your routine communications to Lendflow regarding the Services should be sent to us by email at support@lendflow.com.
17. PUBLICITY, USE OF MARKS.
You agree that We may publicly disclose that We are providing Services to You.
18. FORCE MAJEURE.
Neither Party will be in violation of the Agreement if the failure to perform the obligation is due to an uncontrollable event.
19. GOVERNING LAW & VENUE.
The Agreement is governed by the laws of the State of Texas, USA.
20. ADDITIONAL TERMS.
20.1. Proprietary Scoring. We may assign a proprietary credit and risk scoring metric to an Applicant.
20.2. FCRA NOTICE. You acknowledge the provisions of the Fair Credit Reporting Act in obtaining a disclosure from every credit reporting agency.
21. MISCELLANEOUS.
21.1. Some terms are incorporated into the Agreement by reference to pages on the Lendflow website and may be revised.
21.2. If any part of the Agreement is found unenforceable, the rest will continue in effect.
22. CONTACT US.
If you have any questions about this Customer Agreement, please contact us at:
- Email: legal@lendflow.com
- Address: Lendflow, Inc., 601 Congress Avenue Ste. 610 Austin TX 78701