Terms of Use

When using the “Borrow Money: Cash Advance App” mobile app (the “App”), users agree to be bound by the following terms and conditions (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, please close the App right away.

Loan Referral Service

Our loan referral service (the “Service”) aims to connect users with lenders from our network (the “Lender Partners”). To make use of the Service, users must fill the App’s form (a “Request Form”) that collects personal PII from you, including your full name, address, DOB, email address, phone number, social security number (SSN), driver’s license number, citizenship, monthly or weekly income, employment status, homeownership, and checking account details. Our handling of this data is subject to The App’s aforementioned Privacy Policy, which is also incorporated into these Terms.

Credit Decisions

This App is not a lender or lending platform and we do not make credit decisions or issue loans. Submitting a request via the App does not guarantee a Lender Partner will make a loan offer or that an offer will contain the terms and conditions you desire. The App does not guarantee that the loan product, its availability, interest rates, other fees, or any other loan terms are the best terms available on the market.

Once users submit a Request Form, the App automatically shares user PII with the Lender Partners. By submitting a Request Form, users consent to receiving loan offers from the Lender Partners.

Users also agree that the App and the Lender Partners might make contact via email, telephone, SMS, and direct mail, in the course of processing the Request Form or providing information about additional loan offers now or in the future.

Lender Partners assess the information you submit via Request Form in real-time to determine whether you meet their internal lending criteria. As part of this process, Lender Partners reserve the right to carry out a credit check.

This credit check may be a formal credit check that leaves a search on your credit report and may affect your credit score (a “Hard Check”). Or it could be an informal check that will not affect your credit (a “Soft Check”).

Lender Partners reserve the right to use a credit checking service of their choosing, including TransUnion, Equifax, or Experian (the “Big Three”) or via an alternative such as Microbilt, Teletrack, DP Bureau, or DataX, that track consumer transactions with lending institutions. Submission of a Request Form constitutes consent for Lender Partners to assess, verify, and research your information to make such lending decisions.

If a Lender Partner approves your application, the App will automatically direct you to the lender’s website. You understand and consent to be redirected to the lender’s website, and that the App has no further involvement or liability in the loan application and decision-making process. At this point, your interactions with the lender are subject to its own privacy policy, terms of use, and other policies.

Electronic Disclosure

Submission of a Request Form constitutes consent to notifications, disclosures, documents, and other correspondence from the App and from any Lender Partners. If you are connected to a Lender Partner, you may choose to execute an electronic loan contract.

This electronic loan contract is legally binding and the equivalent of a paper loan contract. Your electronic signature, in whichever form it takes, will be as valid as a physical signature on a paper loan contract.

Users further consent to the possibility for all correspondence regarding your loan, including accessing the loan contract, to be administered electronically. These electronic communications may extend to debt collection in the case of an unpaid loan.

The lender may allow you to withdraw your consent to electronic disclosures at its discretion. Users must contact the lender with whom they are connected to enquire about this process. Please note, however, withdrawing consent for electronic correspondence may breach a Lender Partner’s terms of service and therefore prevent you from receiving a loan.

Accuracy

You hereby agree that the information you provide via The App, which is ultimately shared with the Lender Partners, through your Request Form, is accurate and truthful to the full breadth of your knowledge.

You accept that if the information in your Request Form is not accurate and truthful, The App may deny, suspend, or terminate your use of the Service, and you may not be eligible for a loan.

Control over Features, Functions, and Access to the Service

The App reserves the right to change any content, features, or functions of the Service without express warning. The App may deny you access to all or part of the Service without express warning if your conduct or activities are determined by The App, at its sole discretion, to violate these Terms, the rights of The App, or any third party associated with it.

The App is not responsible for any delay in providing Service as a result of mistakes or errors contained in the Request Form information provided by you, or by any technical problems beyond its reasonable control.

Disclaimers and Limitations

The App and the content, software, products, and services associated with it are provided “as is”. The App expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to The App and any content, software, products, or services provided herein, including without limitation the warranties of non-infringement, merchantability, title, or fitness for any purpose.

The App makes no warranty as to the outcome that may result from using The App and the content, software, products, and services associated with it. Use of The App and the service is at your own risk.

The App, the lender partners, advertisers, or any related directors, officers, employees, agents, subsidiaries, affiliates, successors, assigns, content providers, or service providers cannot be liable for any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with using The App or the service or with the delay or inability to use The App, or for any content, software, products, or services obtained via The App, or otherwise arising out of the use of The App, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if The App or the lender partners have been advised of the possibility of damages.

The App’s association with the lender partners does not constitute an endorsement or recommendation of any loan product or lender. The App is not an agent of you or any lender partner. The App does not review your request form information and does not make any determination about whether you meet a particular lender’s internal lending criteria.

The lender is solely responsible for their services to you, and you agree that The App cannot be liable for any damages or costs of any type arising out of or in any way connected with your use of the service. You understand that lender partners may keep your request form information, even if you are rejected for a loan.

Users in states that do not allow the limitation of liability and disclaimer of implied warranties are not governed by the disclaimers and limitations above. In such states, the respective liability of the App, the lender partners, and their officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers, and service providers are limited to the greatest extent permitted by law.

Indemnity

By using the App users agree to indemnify its operators and all Lender Partners from and against any and all damages, liabilities, and expenses (including attorney’s fees) resulting from claims associated with your use of the App, including any claims which allege facts that if true would constitute a breach by you of these Terms.

Links to Third Parties

The App may display web links to other sites operated by Lender Partners or other third parties. These links are displayed for your convenience and reference only. The App is not in any way directly involved with the content, software, products, or services provided by such third-party sites. The App’s displaying of a link to a site does not constitute an endorsement of the site’s services, content, or any sponsoring organization.

Dispute Resolution

All controversies or associated with the use of the App, its Service, or to any acts or omission for which you may contend the App is liable (a “Dispute”), is to be settled exclusively by binding arbitration as per the American Arbitration Association’s commercial arbitration rules in effect at that time. The arbitration will be conducted in Los Angeles, California while the judgment of the arbitration award may be entered into any court of competent jurisdiction.

No arbitrator will have the power to award damages for any Dispute that exceeds actual compensatory damages and will not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto.

Agreeing to arbitrate does not constitute an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.

By agreeing to these terms, you forgo your right to settle any dispute with the App before a jury in a court of law. you also give up your right to bring or take part in class action lawsuits. using the App’s service automatically constitutes your consent to these restrictions.

In the event that the law deems the arbitration provisions herein inapplicable or unenforceable, or in any instance of any lawsuit between you and the App, you agree that jurisdiction and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California.

You agree that regardless of any statute or law to the contrary, any claim or cause of action related to the use of the service must be made within 365 days after such claim or cause of action arose or be forever barred.

SMS Terms & Conditions

If you share your mobile phone number via the App you understand that you are consenting to communications via SMS text message from the App and the Lender Partners.

These messages may include a follow-up containing a link to your completed loan Request Form, loan application, terms and conditions, payment reminders from Lender Partners, and future offers.

For additional support: [email protected]

Message and Data Rates May Apply. The App is not responsible for any costs that your wireless carrier or other third parties may charge you for use of this service.

Carriers are not responsible for delayed or undelivered messages. Messages may be delayed or undelivered for untold reasons.

Other Terms

These Terms represent the entire agreement between the App and the user. These Terms are governed by the laws of California without regard to its conflict of law principles. If any part of these Terms is subsequently deemed unenforceable by The Applicable law, then the invalid and unenforceable provision will be superseded by a new valid and enforceable provision that most closely resembles the intent of the original provision and the remainder of these Terms will remain in effect.

Failures by the App to exercise or enforce any right or provision of these Terms are not to be considered a waiver of the right or provision.

The App reserves the right to amend these Terms at any time by publishing the amended terms publicly. All amended terms are automatically effective immediately upon posting and do not require a prior warning to any user.

Questions

You may direct any questions concerning these Terms to [email protected]