Terms and Conditions

1. Acceptance and electronic signature

These Terms and Conditions ("Terms") govern your use of the website, application and related services (the "Services") of Daybook Capital ("Daybook Capital," "we," "us"). By checking the acceptance box and submitting an application, you accept these Terms and our Privacy Policy on behalf of yourself and the business you represent (together, "you"). If you do not agree, do not use the Services.

Your electronic acceptance has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law. You consent to receive these Terms, disclosures and notices electronically.

2. We are a broker, not a funder or lender

Daybook Capital is a commercial financing broker and marketing company. We are not a bank, lender or funder. We do not make credit decisions, approve or decline applications, set pricing or terms, or provide funds.

We help businesses submit applications to independent third-party funding sources, which may include funders, lenders and other brokers ("Funding Partners").

We are not your agent, fiduciary, financial advisor, accountant or attorney. Nothing we provide is financial, legal, tax or accounting advice. You should consult your own advisors before entering any agreement.

3. Each Funding Partner sets its own rules and terms

Each Funding Partner is independent and sets its own eligibility criteria, underwriting standards, approval decisions, funding amounts, pricing, factor rates, fees, repayment terms and contract terms. These differ between Funding Partners and may change at any time without notice to us or to you.

Any offer comes from the Funding Partner, not from us. The Funding Partner will provide its own agreement and any disclosures required by law, and that agreement alone governs your relationship with it. Read every agreement and disclosure carefully before signing.

We are not a party to any agreement between you and a Funding Partner. We are not responsible for its terms, its performance, its fees, its servicing or collection practices, or any act or omission of a Funding Partner.

We may receive compensation from Funding Partners for referring your application, whether or not you are approved or funded.

4. No guarantee of approval or funding; no fees charged by us

Submitting an application does not guarantee an offer, approval or funding, or any particular amount, cost, term or timing. Statements on our website about speed, amounts or eligibility describe what may be possible for some businesses and are not promises.

Daybook Capital does not charge you any fee to use the Services or to submit an application. Any fee, charge or cost connected with financing is set by the Funding Partner and disclosed in its own agreement.

5. Business use only and your representations

The Services are for business purposes only. Financing obtained through the Services may not be used for personal, family or household purposes.

By submitting an application, you represent and warrant that:

1. You are at least 18 years old and an owner, officer or authorized representative of the business, with authority to bind it.
2. The business is legally organized and operating in the United States.
3. All information and documents you provide are true, complete, current and unaltered, and you will promptly tell us of any change.
4. You have the consent of every other owner or guarantor whose information you provide.
5. You will not apply on behalf of any business you do not own or represent.

Submitting false, misleading or altered information may be a crime. We may reject or withdraw any application, end your access to the Services, and notify Funding Partners or authorities if we suspect fraud.

6. Authorization to share your application

You authorize us to share your application, documents, bank data and information about the business and its owners with one or more Funding Partners, and with service providers that help us operate the Services, so they can evaluate, arrange and service financing. Each Funding Partner may share that information with its own affiliates, assignees and service providers under its own policies.

Once information is shared with a Funding Partner, its use and protection are governed by that Funding Partner's own privacy policy and practices, and we are not responsible for them.

7. Credit and verification checks

On behalf of the business and each owner or guarantor listed, you authorize Daybook Capital and each Funding Partner to obtain business and personal credit reports and other information from credit bureaus (including Equifax, Experian and TransUnion), banks, payment processors, landlords, public records and other third parties, to verify your information and evaluate your application.

This authorization also covers any renewal, additional financing or review of an existing account. Funding Partners may make soft or hard credit inquiries, and hard inquiries may affect credit scores.

8. Bank account connection and documents

To evaluate your application, you may connect your business bank account through our third-party provider, [Plaid Inc.], or upload bank statements and other documents.

When you connect an account, you authorize the provider and us to access account and transaction information, such as balances, deposits and transaction history, and to share it with Funding Partners to evaluate financing. Your use of the provider is also governed by its own terms and privacy policy, including the Plaid End User Privacy Policy.

We never receive or store your online banking username or password. You may revoke the connection at any time through the provider or by contacting us. Revoking it does not affect information already shared.

9. Consent to calls, texts and emails

By submitting an application, you expressly consent to receive calls and text messages about your application and about financing products, including marketing calls and texts, from Daybook Capital and its Funding Partners at the phone numbers you provide. These may be made with automated technology or an artificial, prerecorded or AI-generated voice.

This consent is not a condition of obtaining funding. Message and data rates may apply, and message frequency varies. Reply STOP to any text to opt out of texts, or tell any caller to stop calling.

You also consent to receive emails from us and our Funding Partners, and you may unsubscribe at any time. Calls may be recorded and monitored for quality, training and compliance.

10. Privacy and data security

Our [Privacy Policy] explains what we collect, how we use and share it, and how long we keep it.

We use administrative, technical and physical safeguards designed to protect your information, including encryption in transit and at rest and access limited to authorized staff. No system is completely secure, and we cannot guarantee that information will never be accessed or disclosed without authorization. You are responsible for keeping your own devices and email accounts secure.

We keep application information only as long as needed for the purposes in our Privacy Policy or as required by law, and then delete or de-identify it.

11. About merchant cash advances

Merchant cash advances and revenue-based financing are generally structured as a purchase of a portion of a business's future receivables, not as loans. How a product is treated legally depends on its terms and the law that applies.

Merchant cash advances can cost significantly more than traditional bank financing. Before signing, review the total repayment amount, any annual percentage rate or estimated cost the Funding Partner discloses, the payment schedule, and all other terms.

12. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, DAYBOOK CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted or error-free, that any Funding Partner will review, approve or fund your application, or that any financing will be suitable for your business.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DAYBOOK CAPITAL AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR DATA, ARISING FROM THE SERVICES, ANY FUNDING PARTNER OR ANY FINANCING, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Where the law does not allow a limitation, our liability is limited to the fullest extent the law allows.

14. Indemnification

You agree to defend, indemnify and hold harmless Daybook Capital and its owners, officers, employees, contractors and agents from all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising from:

1. Any information or documents you provide.
2. Your breach of these Terms or of any law.
3. Any agreement with, or obligation to, a Funding Partner.
4. Your use of the Services.

15. Binding arbitration and class action waiver

Please read this section carefully. It affects how disputes are resolved.

Any dispute, claim or controversy arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is Wilmington, Delaware, and hearings may be held by video. Either party may instead bring an individual claim in small claims court if it qualifies.

Class action waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not consolidate claims or award class-wide relief.

Jury trial waiver. To the extent any claim proceeds in court, you and we waive any right to a jury trial.

30-day opt-out. You may opt out of this arbitration agreement by emailing [legal email] within 30 days of first accepting these Terms, with your name, business name and a statement that you opt out.

If the class action waiver is found unenforceable for a claim, that claim proceeds in court and the rest of this section still applies. Either party may seek temporary injunctive relief in court to protect confidential information or prevent misuse of the Services.

16. Governing law and general terms

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The Federal Arbitration Act governs Section 15.

Changes. We may update these Terms by posting a new version with a new effective date. Changes apply to applications submitted after that date.

Termination. We may suspend or end your access to the Services at any time. Sections 2 through 16 survive termination.

Assignment. You may not assign these Terms. We may assign them, including in a merger or sale of our business.

Severability and waiver. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Services. Any agreement with a Funding Partner is separate.

17. Contact us

[Legal entity name], doing business as Daybook Capital

[Street address, city, state/province, ZIP/postal code]

[Email] · [Phone]