Legal

1. About Lendsqr

These Terms of Use are entered into between you and Lendsqr, Inc., a corporation incorporated in the State of Delaware, United States, with a registered address at 2055 Limestone Rd Ste 200C, Wilmington, DE, 19808, US ("Lendsqr", "we", "us" or "our").

Lendsqr provides a software platform for small and individual lenders to originate loans, score credits using credit bureau services or machine learning algorithms, collect and recover loans, and provide reports and analytics.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control over or assume liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a borrower will repay their loans and obligations.

This Terms of Use is an agreement between you and Lendsqr. It details Lendsqr's obligations to you. It also highlights certain risks in using the services, and you must consider such risks carefully as you will be bound by the provisions of this Agreement through your use of this website or any of our services.

2. Privacy policy

Lendsqr pays close attention to your privacy rights. We ensure our use of your personal data is in tune with regulatory prescription and global standards. Your continued use of our platform is express consent to our privacy policy.

3. Acceptable use policy

You are independently responsible for complying with all applicable laws related to your use of our website and services. By accessing or using Lendsqr, you agree not to use our Services in a manner that:

• violates any law or government regulation, or promotes or facilitates such by third parties;
• violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (each, a "Card Network");
• is fraudulent, deceptive, unfair or predatory;
• causes or threatens reputational damage to us or any Card Network;
• involves any of the business categories listed below; or
• results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

This includes the sale and/or purchase of, or any transaction involving:

• banned narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
• blood, bodily fluids or body parts;
• burglary tools;
• counterfeit items;
• illegal drugs and drug paraphernalia;
• fireworks, destructive devices and explosives;
• identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
• lottery tickets, sweepstakes entries or slot machines without the required license;
• offensive material, hate speech, or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
• police badges or uniforms;
• chemicals;
• recalled items;
• prohibited services;
• unlicensed financial services, stocks or other securities;
• stolen property;
• items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
• currency exchange or money transmission without the required license, or certain cryptocurrency operators;
• obscene material or pornography;
• certain sexually oriented materials or services;
• certain firearms, firearm parts or accessories, ammunition, weapons or knives;
• transactions with any country, entity, or individual subject to U.S. economic or trade sanctions administered by the Office of Foreign Assets Control (OFAC); or
• any product or service that is illegal or marketed or sold in such a way as to create liability to Lendsqr.

You also agree not to use our Services for transactions that:

• disclose the personal information of third parties in violation of applicable law;
• support pyramid or ponzi schemes, matrix programs, or other "get rich quick" schemes or certain multi-level marketing programs;
• are associated with purchases of annuities or lottery contracts, lay-away systems, offshore banking, or transactions to finance or refinance debts funded by a credit card;
• pertain to ammunition and arms; or
• involve gambling, gaming and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, and other ventures that facilitate gambling or games of skill, unless the operator has obtained prior approval from Lendsqr and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

If you violate this policy, we may take action including:

• blocking the settlement or completion of one or more payments;
• suspending, restricting or terminating your access to and use of Lendsqr's Services;
• terminating our business relationship with you, including termination without liability to Lendsqr of any payment service agreement between you and Lendsqr;
• taking legal action against you;
• contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
• reassessing against you any fees, penalties, assessments or expenses (including reasonable attorneys' fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

4. Age restriction

Our website and services are not directed to persons under the age of 18. We do not knowingly transact or provide any services to persons under the age of 18. If, as a parent or guardian, you become aware that your child or ward under the age of 18 has provided us with any information without your consent, please contact us through the details on this Terms of Use.

5. Disputes & reversals

If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us to act to help prevent financial loss.

All claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law, after that period.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transactions is as a payment gateway.

We may intervene in disputes between users and lenders concerning payments but have no obligation to do so. Your transaction ID and/or transaction details will be required to resolve all disputes.

6. Disclaimers

WE TRY TO KEEP LENDSQR AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE. HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LENDSQR MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM LENDSQR, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "LENDSQR PARTIES") SHALL CREATE ANY WARRANTY.

7. Limitation of liability

IN NO EVENT WILL ANY OF THE LENDSQR PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00), WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH LENDSQR'S WEBSITE OR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

8. Indemnification

You agree to indemnify, defend and hold harmless the Lendsqr Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of our website or Services; (b) your violation of these Terms of Use; (c) your violation of any applicable law or the rights of a third party; or (d) any content or information you submit, post or transmit through our Services.

9. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Lendsqr Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Lendsqr Party's liability shall be the minimum permitted under such applicable law.

10. Intellectual property

The Lendsqr name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lendsqr or its affiliates. All other trademarks appearing on our website are the property of their respective owners. You must not use these marks without our prior written permission.

All content on our website and Services, including software, text, graphics, and logos, is the property of Lendsqr or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose, subject to your compliance with these Terms of Use. No other rights are granted to you.

11. Termination

We may suspend or terminate your access to all or part of the Services, at any time, with or without cause and with or without notice, effective immediately, including if we reasonably believe you have violated these Terms of Use. You may stop using the Services and, where applicable, delete your account at any time as described in our privacy policy. Provisions of these Terms of Use that by their nature should survive termination (including but not limited to Disclaimers, Limitation of Liability, Indemnification, and Governing Law) shall survive any termination of your access to the Services.

12. Updates, modifications & amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page. If a user objects to any of the changes to the Terms of Use, the user must cease using our website and/or services immediately.

13. Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer these Terms of Use, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

14. Force majeure

We will not be liable for any failure or delay in performance of our Services resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, network or power outages, or strikes.

15. Notices

Any notice required or permitted to be given under these Terms of Use will be in writing and delivered by email, or posted on our website. Notices to Lendsqr should be sent through Contact us or in writing to Lendsqr, Inc., 2055 Limestone Rd Ste 200C, Wilmington, DE, 19808, United States.

16. Entire agreement

These Terms of Use, together with our privacy policy and any other legal notices published by us on our Services, constitute the entire agreement between you and Lendsqr concerning your use of the Services, and supersede all prior agreements and understandings, whether written or oral, relating to that subject matter.

17. Third-party beneficiaries

Except as expressly stated in these Terms of Use, nothing in this agreement is intended to confer any rights or remedies on any person other than you and Lendsqr.

18. Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of that right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of Lendsqr.

19. Governing law

These Terms of Use shall be interpreted and governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

20. Arbitration agreement and legal disputes

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH US ON AN INDIVIDUAL BASIS.

We shall make an effort to settle all disputes amicably before pursuing formal proceedings. Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services that cannot be resolved through informal negotiation within 30 days shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, at Lendsqr's election, JAMS under its applicable rules), rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class action waiver: You and Lendsqr agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law, you agree that no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to otherwise proceed on behalf of, or together with, another user's claim.

The seat of arbitration shall be Wilmington, Delaware, and the language of arbitration shall be English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

21. Severability

If any portion of these Terms of Use is held by any court, arbitrator, or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part of this Terms of Use.

22. Contact us

If you have any questions about these Terms of Use, please reach us through Contact us, or write to us at:

Lendsqr, Inc. 2055 Limestone Rd Ste 200C Wilmington, DE, 19808 United States