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Terms of Use

1. GENERAL & ACCEPTANCE OF TERMS

These terms of use are entered into by and between You and SwiftFunds (“Company”, “we”, “us”, or “SwiftFunds”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the SwiftFunds website, including any content, functionality, and services offered on or through funding@swiftfunds.io, and any of the Company’s sub-domains (collectively, “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. ELIGIBILITY

Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your Account (as defined below) may be terminated without notice or warning if we believe, in our sole discretion, that you or your use of the Website violates any of these eligibility representations and warranties.

3. CHANGES TO TERMS OF USE

We may revise and update these Terms of Use at any time, at our sole discretion and without prior notice. All changes are effective immediately upon posting. Your continued use of the SwiftFunds website after we post revised Terms of Use signifies your acceptance and agreement to the changes. It is your responsibility to review this page periodically for any updates, and you agree that the revised Terms of Use are binding upon you.

4. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

SwiftFunds grants you a limited, non-transferable, and revocable license to access and use the Website in accordance with these Terms of Use, provided that: (i) you do not alter or modify any part of the Website, except as reasonably necessary for its intended purpose; and (ii) you comply with all applicable terms and conditions outlined herein.

To access certain features of the Website, you may be required to create a user account (“Account”). You agree not to use another person’s Account without their express permission. When registering, you must provide accurate, current, and complete information, and you are solely responsible for maintaining the confidentiality of your Account credentials, including your password.

You are responsible for all activity that occurs under your Account and agree to immediately notify SwiftFunds of any unauthorized access, use, or suspected security breach. SwiftFunds is not liable for any loss or damage arising from your failure to protect your Account credentials. You may be held liable for any losses incurred by SwiftFunds or other users due to unauthorized use of your Account.

You agree not to use the Website for any unlawful, abusive, or otherwise inappropriate purposes, including but not limited to: violating any applicable laws or regulations; infringing intellectual property rights; transmitting viruses or other malicious code; or using bots, crawlers, or automated systems to engage with the Website.

SwiftFunds reserves the right to withdraw or modify the Website, or any part of it, without prior notice. We are not liable if all or any part of the Website is unavailable at any time or for any duration. From time to time, we may restrict access to parts of the Website, or the entire Website, including to registered users.

When registering or providing information through the Website, including through any interactive features, you agree that all information you provide is truthful, complete, and up to date. Your use of the Website is also subject to our Privacy Policy, and by using the Website, you consent to all actions taken by SwiftFunds with respect to your personal information in accordance with that policy.

If you are provided with, or choose, a username, password, or any other piece of security information as part of our access procedures, you must treat such information as confidential and must not disclose it to any third party. Your Account is personal to you, and you agree not to allow anyone else to access the Website using your login credentials.

You must notify us immediately of any unauthorized use of your Account or any breach of security. Additionally, you agree to log out at the end of each session and take extra caution when accessing your Account from a public or shared computer.

SwiftFunds reserves the right to disable any username, password, or other identifier—whether selected by you or provided by us—at any time and at our sole discretion, particularly if we believe you have violated any part of these Terms of Use.

5. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by SwiftFunds, its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
  • Access or use any part of the Website, including any services or materials available through the Website, for any commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in violation of these Terms of Use, your right to use the Website will cease immediately. At our discretion, you must return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SwiftFunds. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark, and other laws.

The trademarks, slogans, logos, and service marks (collectively, “Trademarks”) displayed on this Website are registered and unregistered trademarks of SwiftFunds or its affiliates or licensors. You must not use such Trademarks without the prior written permission of SwiftFunds. All other names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners.

6. FEES AND PAYMENTSs

Some services available through the Website may require payment of fees or other charges (“Charged Services”). These services are subject to separate agreements, which you must accept before using such services. If you choose to register for any Charged Services, you agree to pay all applicable fees as listed on the Website in connection with those services.

SwiftFunds reserves the right to change pricing at any time, in accordance with applicable law. You authorize SwiftFunds, either directly or through third parties, to make any inquiries deemed necessary to validate your Account and financial information provided when registering for Charged Services.

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are solely responsible for paying any such taxes associated with your use of the Website or Charged Services.

Specific payment terms, including fee amounts, billing cycles, and related information, will be described on the relevant application or service pages as you proceed through the application process.

7. FINANCING APPLICATION DISCLAIMER

Your submission of an electronic financing application through the Website shall have the same legal effect as if the application bore an original ink signature. You certify that your Account and any resulting financing will be used exclusively for business or commercial purposes.

By submitting an application, you (or the person submitting on behalf of the applicant) represent and warrant that the applicant, business owners, and indemnitors (if applicable) have authorized you to submit the application and enter into contracts on behalf of the business. You further authorize SwiftFunds and its affiliated partners to consider all submitted information as true and complete until a written notice of change is provided.

Each applicant authorizes SwiftFunds and its assigns to:

  • Obtain consumer and business credit reports from credit reporting agencies at any time, now or in the future.
  • Investigate any references or other information obtained during the application process, including contacting your business's current payment processor to verify payment history.

Applicants understand that SwiftFunds, at its sole discretion, may approve or deny financing based on submitted information and other applicable factors.

By submitting an application, you consent to receive updates and communications regarding your application from SwiftFunds and its partners via U.S. mail, telephone, fax, or email. If you have provided a mobile number, you expressly consent to receive voice calls and/or text messages at that number from SwiftFunds and its authorized representatives.

8. PROHIBITED USES

You may use the SwiftFunds Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content, requesting personally identifiable information, or engaging in any other harmful behavior.
  • To transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation.
  • To impersonate or attempt to impersonate SwiftFunds, a SwiftFunds employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by SwiftFunds, may harm SwiftFunds or users of the Website or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities.

Additionally, you agree not to:

  • Use any robot, bot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying material on the Website.
  • Use any manual process to monitor or copy any material on the Website without the prior written consent of SwiftFunds.
  • Use any device, software, or routine that interferes with the proper functioning of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which it is stored, or any server, computer, or database connected to the Website.
  • Launch a denial-of-service attack or a distributed denial-of-service attack against the Website.
  • Otherwise interfere or attempt to interfere with the proper working of the Website.

9.THIRD PARTIES

The SwiftFunds Website may contain content and links to third-party websites and services that are not owned or controlled by SwiftFunds. SwiftFunds has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites.

You acknowledge and agree that SwiftFunds is not responsible for the availability or accuracy of such external sites or resources. The inclusion of any such links does not imply endorsement by SwiftFunds. By using the Website, you expressly release SwiftFunds from any and all liability arising from your use of third-party websites.

We encourage you to read the terms of use and privacy policies of any third-party websites you visit after leaving the SwiftFunds Website.

10. RELIANCE ON WEBSITE INFORMATION; DISCLAIMER OF LIABILITY

The information provided on or through the SwiftFunds Website is for general informational purposes only. While we strive to ensure that all information is accurate and up to date, SwiftFunds makes no representations or warranties as to the accuracy, completeness, or usefulness of any content.

Any reliance you place on such information is strictly at your own risk. SwiftFunds disclaims all liability and responsibility for any reliance placed on the Website’s content by you or any other user.

This Website may include content provided by third parties, including other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in such materials, other than the content provided by SwiftFunds, are solely the opinions and responsibility of the person or entity providing them. These materials do not necessarily reflect the views of SwiftFunds.

SwiftFunds is not responsible or liable to you or any third party for the content or accuracy of any third-party materials posted on the Website.

In no event shall SwiftFunds be liable to any user of the Website—including registered users or applicants—for any losses, regardless of the legal theory under which such liability is asserted or the type of damages claimed.

11. CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. SwiftFunds may also discontinue the availability of all or parts of the Website, including temporary shutdowns, and does not guarantee your access to the Website.

12. YOUR INFORMATION

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. THIRD PARTY APIs

Our Website incorporates information from third-party marketplace platforms using Application Programming Interfaces (“APIs”) that may be owned and maintained by that third party. These APIs provide your financial and personal information and other data to SwiftFunds. These third-party sites may contain their own terms of use, and you remain responsible for your compliance with any terms governing your use of the third-party site and the information you provide SwiftFunds through that third party’s API. By linking a third-party account to SwiftFunds via API, you represent and warrant that you have the necessary authority to grant us access to the information provided through that API.

You acknowledge and agree that SwiftFunds is not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties, including the third-party APIs. You further acknowledge that any reliance on representations and warranties provided by any party other than SwiftFunds will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.

14. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as we provide them, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice, and in our sole discretion.

15. GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee, represent, or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. SwiftFunds will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither SwiftFunds nor any person associated with SwiftFunds makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website.

Without limiting the foregoing, neither SwiftFunds nor anyone associated with SwiftFunds represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

SwiftFunds hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

17. LIMITATION ON LIABILITY

In no event will SwiftFunds, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SwiftFunds, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

19. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in a federal or state court located in Boston, Massachusetts, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. ARBITRATION

At SwiftFunds’ sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

21. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

22. WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the intent of the provision remains intact to the fullest extent possible. The remaining provisions of the Terms of Use will continue in full force and effect.

23. ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

24. COMMENTS AND CONCERNS

This website is operated by SwiftFunds, 150 Motor Parkway Hauppauge , New York 11788. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: funding@swiftfunds.io.

25. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.You waive and hold harmless the Company, and its affiliates, licensees and service providers, from any claims resulting from any action taken during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company, its affiliates, licensees, service providers, or law enforcement authorities.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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