Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and DMS Equities ("Company," "we," "us," or "our") governing your access to and use of our website, applications, and services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable laws
• Provide accurate, current, and complete information

For business funding applications, you must be an authorized representative with the legal authority to bind the business entity.

Description of Services

DMS Equities provides funding solutions including, but not limited to:

• Business funding and merchant cash advances
• Business lines of credit
• Working capital solutions
• Funding matching and referral services

Important Notice: DMS Equities is a funding solutions provider and may act as a broker, connecting applicants with third-party lenders and funding partners. We are not a bank, credit union, or direct lender. Funding decisions, terms, rates, and amounts are determined by our funding partners based on their own underwriting criteria.

We do not guarantee funding approval or specific terms. Submission of an application does not guarantee that you will receive funding or any particular offer.

Application Process and Authorization

By submitting a funding application, you authorize DMS Equities and its partners to:

• Obtain consumer credit reports and credit scores from one or more consumer reporting agencies
• Verify the information you provide, including employment, income, and bank account information
• Share your application information with our network of funding partners and lenders
• Contact you via email regarding your application and related offers
• Retain your information in accordance with our Privacy Policy

You acknowledge that credit inquiries may affect your credit score. By submitting an application, you consent to such inquiries.

User Representations and Warranties

By using our Services, you represent and warrant that:

• All information you provide is true, accurate, current, and complete
• You will maintain the accuracy of such information
• You have the legal right and authority to enter into these Terms
• You are not using the Services for any illegal or unauthorized purpose
• You will not use automated systems or software to access the Services without our permission
• You will not interfere with or disrupt the integrity or performance of the Services
• You are not listed on any government list of prohibited or restricted parties
• You will not provide false or misleading information in your application

Prohibited Uses

You agree not to use the Services to:

• Submit false, fraudulent, or misleading applications
• Engage in identity theft or impersonation
• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Scrape, data mine, or harvest information from our website
• Use the Services for money laundering or terrorist financing
• Circumvent any security measures or access controls
• Use the Services in any manner that could damage or impair the Services

Fees and Charges

Accessing our website and submitting an application is free of charge. However, if you receive and accept a funding offer, you may be responsible for various fees and charges, including but not limited to:

• Interest charges or factor rates
• Origination fees
• Processing fees
• Late payment fees
• Prepayment penalties (if applicable)
• Wire transfer or ACH fees

All fees and terms will be clearly disclosed in any funding offer before you accept. You are responsible for reviewing and understanding all terms before accepting any funding offer.

Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by DMS Equities or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for internal business purposes. This license does not include the right to copy, modify, distribute, sell, or lease any part of the Services.

Indemnification

You agree to defend, indemnify, and hold harmless DMS Equities and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your use of the Services caused damage to a third party.

Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions: Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to our address within 30 days of first accepting these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and DMS Equities concerning the Services. These Terms supersede all prior agreements, communications, and proposals, whether oral or written, between you and us regarding the Services.