Terms of Service.

1Acceptance of these terms

These Terms of Service (the “Terms”) are a binding agreement between you and AI Funding Solutions, a Wyoming limited liability company owned and powered by EazePay (“AI Funding Solutions,” the “Company,” “we,” “us,” or “our”), governing your access to and use of our websites, software, applications, application programming interfaces, embedded forms, and related services and content (collectively, the “Services” or the “Platform”).

By accessing or using the Services, clicking to accept, or signing an order or agreement that references these Terms, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not access or use the Services.

PLEASE READ SECTION 19 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION AND JURY-TRIAL WAIVER) CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

2The Company and the Services

AI Funding Solutions provides software that a business installs into its existing funnel to capture leads, pre-qualify them on real financial data, route them, and facilitate financing through third-party lenders at the point of sale. The Services include software, automated tools and agents, dashboards, integrations, and support, as described on our website and in any applicable order.

We may add, modify, suspend, or discontinue features of the Services at any time. Figures, metrics, and examples shown on the Platform are illustrative, are not typical, and are not a promise of any result.

3Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for businesses and their authorized personnel. You represent and warrant that the information you provide is accurate and that you will keep it current.

4Not a lender, broker, or adviser; no guarantee of funding

The Company provides software and facilitates introductions to third-party lenders. The Company is not a lender, loan broker, broker-dealer, credit repair organization, or investment, financial, legal, accounting, or tax adviser, and it does not make credit decisions or move loan funds.

All financing is offered, underwritten, approved, declined, priced, and funded solely by third-party lenders under their own agreements, terms, rates, and privacy practices. We do not guarantee that any application will be approved, that any amount will be funded, that any particular rate or term will be offered, or that any result, savings, or outcome will be achieved. Any decision to extend credit, and any adverse-action or other notice required under the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA) and Regulation B, the Truth in Lending Act (TILA), or other law, is the responsibility of the lender or decisioning party, not the Company.

Nothing on the Platform is an offer or commitment to lend, and nothing is legal, financial, credit, or tax advice. You should obtain independent professional advice before making decisions.

5Pre-qualification, soft pulls, and consumer-law compliance

The Services may facilitate a soft credit inquiry through a consumer reporting agency or data provider, performed with the relevant consumer’s consent and for a permissible purpose under the FCRA. A soft pull does not affect a consumer’s credit score. A hard inquiry occurs only at a lender’s full application and only with the consumer’s separate authorization. The Company is not a consumer reporting agency and does not furnish, resell, or make decisions based on consumer reports.

If you use the Services to interact with consumers, you are solely responsible for complying with all laws applicable to your business and that interaction, including the FCRA, ECOA/Regulation B, TILA, the Gramm-Leach-Bliley Act, the Telephone Consumer Protection Act, state lending, licensing, advertising, and unfair-or-deceptive-practices laws, and for obtaining all required consumer consents, authorizations, and disclosures (including consent to soft pulls and to electronic communications). You will not use the Services for any unlawful, discriminatory, or impermissible purpose.

6Customer obligations

As a condition of using the Services, you agree that you will:

• use the Services only for lawful business purposes and in compliance with these Terms and all applicable laws;
• obtain and maintain all consents, authorizations, and disclosures required from your leads and consumers before submitting their information through the Services;
• provide accurate, current, and complete information and keep it updated;
• safeguard your account credentials and promptly notify us of any unauthorized use;
• not use the Services in any prohibited or high-risk industry, or in any way that could subject the Company or third-party lenders to liability or regulatory action; and
• be solely responsible for your representations to consumers and for any content, claims, or materials you publish using the Services.

7Fees, billing, and payment

Unless otherwise agreed in writing in an order, the fees for the Services are: a one-time installation fee of $4,997 (USD); a usage fee of $3 per applicant pulled; and a fee equal to 3% of the loans you fund through the Services. We may update fees prospectively, and any change will apply to charges incurred after the change is posted or communicated.

You authorize us and our payment processor (such as Stripe) to charge the payment method you provide for all applicable fees and taxes. Fees are exclusive of taxes, which you are responsible for, other than taxes on our net income. Except as required by law or expressly stated in an order, fees are non-refundable. Late or failed payments may result in suspension of the Services. You are responsible for any chargebacks, reversals, and related costs, and you agree not to dispute valid charges.

8Accounts and security

You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. You must notify us immediately of any actual or suspected unauthorized access. We may suspend or terminate access where we reasonably believe your account has been compromised or used in violation of these Terms.

9Acceptable use and prohibited conduct

You will not, and will not permit any third party to:

• use the Services in violation of any law or third-party right, or for any fraudulent, deceptive, discriminatory, or harmful purpose;
• use any robot, spider, scraper, or other automated means to access or harvest data from the Services except as expressly permitted;
• introduce viruses, malware, or other harmful code, or interfere with or disrupt the integrity, security, or performance of the Services;
• attempt to gain unauthorized access to the Services, related systems, or other users’ data, or circumvent any security or rate-limiting measure;
• launch or facilitate any denial-of-service or similar attack;
• copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the Services or attempt to derive source code, models, or trade secrets, except to the extent this restriction is prohibited by applicable law;
• resell, sublicense, rent, lease, or provide the Services to third parties except as expressly authorized; or
• remove or obscure any proprietary notices, or misrepresent your affiliation with the Company or any lender.

10Intellectual property and license

The Services, including all software, agents, models, algorithms, text, designs, graphics, and other content, and all related intellectual property and proprietary rights, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade-secret, and other laws. “AI Funding Solutions,” “EazePay,” and related names and logos are trademarks of their respective owners; you may not use them without prior written permission.

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term. We reserve all rights not expressly granted.

If you provide feedback, suggestions, or ideas about the Services, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

11Customer data and privacy

Our collection and use of personal information is described in our Privacy Policy. As between you and the Company, you are responsible for the data you and your consumers submit through the Services and for the lawful basis to provide it. You grant the Company the right to host, process, and use such data to provide and secure the Services, and to create and use de-identified or aggregated data to operate, analyze, and improve the Services and our models, subject to applicable law.

12Third-party services and lenders

The Services rely on and integrate with third parties, including third-party lenders, data providers, and processors. Your dealings with, and any financing obtained from, any third party are solely between you (or your consumer) and that third party and are governed by that third party’s terms. The Company is not responsible or liable for third-party products, services, acts, omissions, content, or decisions, including credit decisions, pricing, and funding.

13Disclaimer of warranties

THE SERVICES AND ALL CONTENT, SOFTWARE, AGENTS, MODELS, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA, ESTIMATE, SCORE, OR AUTOMATED OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT ANY APPLICATION WILL RESULT IN AN OFFER OR FUNDING. YOU USE THE SERVICES AT YOUR OWN RISK. NOTHING ON THE PLATFORM IS LEGAL, FINANCIAL, CREDIT, OR TAX ADVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES (INCLUDING EAZEPAY), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates (including EazePay), 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, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms or applicable law; (c) your violation of any third-party right, including any consumer, lender, privacy, or intellectual-property right; (d) any content or data you submit or your interactions with consumers; or (e) your business, products, or services. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

16Term and termination

These Terms apply while you access or use the Services. We may suspend or terminate your access, in whole or in part, at any time, with or without notice, for any reason, including any actual or suspected violation of these Terms or applicable law, or any risk to the Company, lenders, or others. You may stop using the Services at any time.

Upon termination, your license ends and you must cease using the Services. Sections that by their nature should survive termination will survive, including fees accrued, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law. Termination does not entitle you to a refund of fees already paid except as required by law.

17Changes to the Services and to these terms

We may revise these Terms from time to time at our discretion. The updated Terms are effective when posted, and we will revise the “Last updated” date above. Where required by law or for material changes, we will provide additional notice. Your continued use of the Services after the updated Terms become effective constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services.

18Governing law and jurisdiction

These Terms, the Privacy Policy, and any dispute or claim arising out of or relating to them or to the Services, including their formation, interpretation, breach, or termination, and whether in contract, tort, or otherwise, are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. Subject to Section 19, the exclusive forum for any permitted court proceeding is the state courts of the State of Wyoming and the United States District Court for the District of Wyoming, and you irrevocably consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

19Dispute resolution; binding arbitration; class and jury waiver

Informal resolution first. Before starting an arbitration or proceeding, you agree to email admin@eazepay.com with a written description of the dispute and to work with us in good faith to resolve it for at least sixty (60) days.

Binding individual arbitration. If the dispute is not resolved, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except as stated below. The seat of the arbitration is the State of Wyoming, and the arbitration will be conducted in Wyoming or, at your election, by telephone or video or based on written submissions. Judgment on the award may be entered in any court of competent jurisdiction.

CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions and opt-out. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual-property or confidentiality rights. You may opt out of this arbitration agreement by emailing admin@eazepay.com with the subject “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms; opting out will not affect any other provision. If any portion of this Section is found unenforceable, the remainder will continue to apply, except that if the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court.

20Force majeure, assignment, notices, and general terms

Force majeure. The Company is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or third-party service outages.

Assignment. You may not assign or transfer these Terms without our prior written consent; any attempted assignment in violation is void. We may assign these Terms, including to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.

Notices. We may provide notices to you by email, through the Services, or by posting on the Platform. You may provide legal notices to us at admin@eazepay.com.

Waiver; severability. Our failure to enforce any provision is not a waiver. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.

Entire agreement. These Terms, the Privacy Policy, and any order or written agreement referencing these Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings.

21Contact us

Questions or concerns about these Terms may be sent to admin@eazepay.com. AI Funding Solutions, a Wyoming limited liability company, is an EazePay company; you may direct legal correspondence to AI Funding Solutions, c/o EazePay, at admin@eazepay.com.