Terms of Use
These Terms of Use ("Terms") govern your access to and use of the website and application portal operated by Spes Financials ("Spes Financials," "we," "us," or "our") (the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. The Services
Spes Financials provides a platform through which businesses may apply for commercial financing. Depending on the product, Spes Financials may act as a direct funder or as a broker arranging financing through third-party lenders; the funder for any specific offer is identified in your offer terms. Submitting an application does not obligate Spes Financials or any lender to make an offer, and does not create a lending relationship until a written agreement is executed.
2. Eligibility
The Services are intended for businesses and their authorised owners and representatives in the United States. By using the Services you represent that you are at least 18 years old and authorised to act on behalf of the business named in the application.
3. Your responsibilities
- Provide accurate, current, and complete information, and keep it updated.
- Maintain the confidentiality of your account credentials and any authentication codes.
- Use the Services only for lawful purposes and not to submit fraudulent or unauthorised applications.
4. Accounts and security
You are responsible for activity under your account. Internal staff accounts are protected by mandatory two-factor authentication, and access to applicant files is logged. Notify us immediately of any unauthorised use of your account.
5. Electronic communications and signatures
By using the Services you consent to receive communications electronically and to the use of electronic signatures and records in connection with your application, consistent with the federal E-SIGN Act and applicable state law. Your electronic signature has the same legal effect as a handwritten signature.
6. Authorisations and disclosures
Specific authorisations — including for credit inquiries, ACH, and any personal guaranty — are presented to you within the application before you sign, and are incorporated by reference. Applying authorises a soft credit check that does not affect your score; a hard credit inquiry, which may affect your score, is performed only before final funding and only with your authorisation.
7. Intellectual property
The Services, including all content, software, and the Spes Financials name and marks, are owned by Spes Financials or its licensors and are protected by law. You may not copy, modify, distribute, or reverse-engineer any part of the Services except as permitted.
8. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or secure. Financing approval and funding are subject to underwriting and are not guaranteed.
9. Limitation of liability
To the maximum extent permitted by law, Spes Financials and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the Services.
10. Indemnification
You agree to indemnify and hold Spes Financials harmless from claims arising out of your breach of these Terms or your misuse of the Services.
11. Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising under these Terms shall be the state or federal courts located in Miami-Dade County, Florida.
12. Changes
We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
13. Contact
legal@spesfinancials.com · Florida.
Support: support@spesfinancials.com · Sales: sales@spesfinancials.com
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