Terms of Service

1. Agreement to Terms

By accessing or using LendMatrix ("Service", "Platform", "we", "us", "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and LendMatrix regarding your use of the Platform.

2. Description of Service

LendMatrix is a cloud-based software platform designed for managing merchant cash advances (MCAs). The Service provides:

• Portfolio tracking and management tools
• Application and underwriting workflows
• Payment processing and collection tracking
• Reporting and analytics dashboards
• Commission and syndication management
• Document storage and management
• Integration capabilities with third-party services

The Service is provided on a subscription basis with different tiers (Starter, Professional, Enterprise) offering varying features and usage limits.

3. Account Registration and Responsibilities

3.1 Account Creation

To use LendMatrix, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Represent that you have the authority to bind your organization to these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that users within your organization comply with these Terms

3.3 User Roles and Permissions

Account administrators are responsible for:

• Managing user access and permissions within their organization
• Ensuring users only access data they are authorized to view
• Deactivating accounts for users who no longer require access
• Complying with all applicable data protection and privacy laws

4. Subscription and Payment Terms

4.1 Subscription Plans

LendMatrix offers multiple subscription tiers with varying features, user limits, and pricing. Subscription details and current pricing are available on our website or by contacting our sales team.

4.2 Billing and Payment

• Subscriptions are billed monthly or annually in advance
• You authorize us to charge your payment method on file for all applicable fees
• Fees are non-refundable except as required by law or as expressly stated in these Terms
• All fees are exclusive of applicable taxes, which you are responsible for paying
• We reserve the right to change our pricing with 30 days' notice

4.3 Free Trials

Free trials may be offered at our discretion. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial expires.

4.4 Late Payment and Suspension

If payment fails or your account becomes past due:

• We will attempt to notify you and retry payment
• Your access may be suspended until payment is received
• Accounts past due for more than 30 days may be terminated
• You remain liable for all unpaid fees plus reasonable collection costs

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated systems (bots, scrapers) without our prior written consent
• Reverse engineer, decompile, or attempt to extract source code
• Resell, sublicense, or provide access to the Service to third parties without authorization
• Remove or obscure any proprietary notices or labels
• Engage in fraudulent, deceptive, or illegal lending practices
• Store or process illegal content or data obtained through illegal means

Violation of this Acceptable Use Policy may result in immediate account suspension or termination.

6. Data Ownership and Intellectual Property

6.1 Your Data

You retain all ownership rights to the data you upload, create, or store in LendMatrix ("Your Data"). We do not claim any ownership over Your Data.

You grant us a limited license to host, process, and display Your Data solely to provide the Service to you.

6.2 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Data), is owned by LendMatrix and protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes.

6.3 Data Export and Portability

You may export Your Data at any time using our built-in export features (CSV, Excel). Upon account termination, we will provide a reasonable period (30 days) for you to export Your Data before it is deleted.

6.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without obligation or compensation to you.

7. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our Privacy Policy.

We implement industry-standard security measures to protect Your Data, including:

• Encryption of data in transit (TLS/HTTPS) and at rest (AES-256)
• Multi-tenant data isolation to prevent cross-tenant access
• Role-based access controls
• Regular security audits and monitoring
• Automated backups with disaster recovery capabilities

However, no system is 100% secure. You acknowledge that you use the Service at your own risk.

8. Service Availability and Support

8.1 Uptime and Availability

We strive to provide 99.9% uptime for the Service, excluding scheduled maintenance windows. We do not guarantee uninterrupted or error-free service.

8.2 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

8.3 Customer Support

Support is provided via email at contact@lendmatrix.ai. Response times vary by subscription tier. Enterprise customers may receive priority support and dedicated account management.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Not Financial or Legal Advice

LendMatrix is a software tool. We do not provide financial, legal, or regulatory advice. You are solely responsible for:

• Compliance with all applicable lending laws and regulations
• Accuracy of underwriting decisions and risk assessments
• Collection practices and merchant relationships
• Tax reporting and accounting obligations

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDMATRIX SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, errors, or data loss
• Actions or inactions of third-party service providers

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless LendMatrix, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your Data or lending practices
• Disputes with your merchants, borrowers, or business partners

11. Term and Termination

11.1 Term

These Terms remain in effect for as long as you use the Service.

11.2 Termination by You

You may terminate your account at any time by canceling your subscription through the platform or by contacting support. Termination is effective at the end of your current billing period.

11.3 Termination by Us

We may suspend or terminate your access immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment is more than 30 days overdue
• We are required to do so by law
• We discontinue the Service (with 30 days' notice)

11.4 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• You will have 30 days to export Your Data
• After 30 days, Your Data may be permanently deleted
• You remain liable for all fees incurred prior to termination
• Sections of these Terms that by their nature should survive (e.g., indemnification, limitation of liability) will continue to apply

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or use of the Service shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration under the rules of the American Arbitration Association
• Arbitration shall be conducted in Delaware

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in class actions or class arbitrations.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

• Email notification to your registered email address
• In-app notification upon login
• Updating the "Last Updated" date at the top of this page

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and LendMatrix.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or failure of third-party services.

15. Contact Information

For questions about these Terms, please contact us: