Legal

Terms of Service

Last updated: January 1, 2025

Please read these Terms of Service carefully before using the Clear Capital website or submitting any application. These Terms govern your access to and use of our platform and services.

1. Acceptance of Terms

By accessing or using the Clear Capital website and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services. These Terms apply to all visitors, applicants, and anyone else who accesses our platform. We reserve the right to update these Terms at any time. Continued use of our services following any changes constitutes your acceptance of the revised Terms.

2. Description of Services

Clear Cap Fund LLC operates a platform that connects small and medium-sized businesses with funding options, including but not limited to business term loans, lines of credit, revenue-based financing, and equipment financing. Clear Capital is not a bank and does not directly fund all transactions. We may act as a broker or intermediary connecting you with funding partners in our network. The specific terms of any funding product, including interest rates, fees, repayment schedules, and eligibility requirements, are determined by the applicable funding partner and will be disclosed to you before you enter into any agreement.

3. Eligibility

To use our services, you must: • Be at least 18 years of age • Be a legal resident or entity operating in the United States • Have authority to represent the business applying for funding • Provide accurate and complete information during the application process We reserve the right to refuse service to anyone for any reason at any time, in compliance with applicable law.

4. Application and Information Accuracy

When submitting a funding application, you represent and warrant that all information provided is true, accurate, current, and complete to the best of your knowledge. Providing false or misleading information may result in the rejection of your application, cancellation of any approved funding, and may constitute fraud under applicable law. You authorize Clear Capital and its funding partners to verify any information you provide, including obtaining credit reports, business data, and bank account information.

5. No Guarantee of Funding

Submitting an application does not guarantee approval or funding. All funding offers are subject to underwriting review and credit approval by the applicable funding partner. Terms and amounts offered may differ from those requested. You are under no obligation to accept any offer presented.

6. Fees and Costs

Clear Capital may receive compensation from funding partners when a transaction is completed. This compensation is separate from any fees charged by the funding partner on your loan or advance. All costs associated with any funding product will be clearly disclosed to you before you sign any agreement. Review all terms carefully before accepting any offer.

7. Intellectual Property

All content on the Clear Capital website, including text, graphics, logos, images, and software, is the property of Clear Cap Fund LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written consent.

8. Prohibited Conduct

You agree not to: • Use our platform for any unlawful purpose or in violation of any applicable law or regulation • Submit false, inaccurate, or misleading information • Attempt to gain unauthorized access to any part of our systems • Use automated tools to scrape, crawl, or otherwise extract data from our website • Engage in any conduct that disrupts or interferes with the operation of our services • Impersonate any person or entity

9. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Clear Capital does not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components. We make no warranty regarding the accuracy, completeness, or usefulness of any information provided through our platform.

10. Limitation of Liability

To the maximum extent permitted by law, Clear Cap Fund LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, even if we have been advised of the possibility of such damages. Our total liability for any claims arising under these Terms shall not exceed the greater of $100 or the amount you paid to Clear Capital in the three months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Clear Capital and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of our services, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, NY. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms that by their nature should survive will survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Contact

If you have questions about these Terms of Service, please contact us at: Clear Cap Fund LLC Email: info@clearcapfund.com