Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the website, services, and communications (including SMS / text messaging) provided by MRCHNT LLC, doing business as MRCHNT Funding ("MRCHNT," "we," "us," or "our"). By accessing our website, submitting an application, or opting in to receive text messages from us, you agree to be bound by these Terms.

1. Eligibility

To use our services or receive text messages from MRCHNT Funding, you must be at least 18 years old and have the legal authority to enter into a contract. By using our services, you represent and warrant that you meet these requirements.

2. Use of Services

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You will not:

• Submit false, inaccurate, or misleading information;
• Misrepresent your identity or the identity of any business on whose behalf you are applying;
• Attempt to interfere with the security or operation of our website;
• Use our services in any manner that violates applicable law.

We reserve the right to refuse service, terminate accounts, or reject any application at our discretion.

3. SMS / Text Messaging Program — MRCHNT Funding SMS

By providing your mobile phone number and opting in to receive text messages from MRCHNT Funding, you consent to receive text messages from us related to your funding application and account.

Program Name: MRCHNT Funding SMS

Program Description: Two-way SMS conversations with prospective and current merchant cash advance customers — including application status updates, document requests, scheduling calls, and follow-ups from your assigned MRCHNT Funding representative.

Message Frequency: Message frequency varies based on your account activity. You may receive messages whenever there is an update on your application or whenever a MRCHNT Funding representative reaches out.

Cost: Message and data rates may apply. MRCHNT Funding does not charge you for the text messages, but your wireless carrier may charge you for sending and receiving texts depending on your plan.

Carriers: Supported on all major US carriers. Carriers are not liable for delayed or undelivered messages.

Opt-Out: Reply STOP to any text from us to unsubscribe at any time. After you send STOP, you will receive one final confirmation message and we will no longer send you texts. To opt back in later, reply START.

Help: Reply HELP for assistance, or email us at info@mrchntfunding.com .

You may also email info@mrchntfunding.com to update your contact preferences or request additional support at any time.

4. Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review it before using our services.

5. Intellectual Property

All content on this website — including text, graphics, logos, images, and software — is the property of MRCHNT Funding or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written permission.

6. Third-Party Services

Our services may rely on or interact with third-party providers, including lenders, payment processors, identity verification services, and SMS delivery providers. We are not responsible for the actions, terms, or policies of those third parties.

7. Disclaimers

Our website and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

MRCHNT Funding does not guarantee that any funding application will be approved or that any specific funding terms will be offered. All funding offers are subject to underwriting, third-party lender approval, and the merchant's acceptance of final terms.

8. Limitation of Liability

To the fullest extent permitted by applicable law, MRCHNT Funding, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services, including but not limited to lost profits, lost data, or business interruption — even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or related to these Terms or your use of our services will not exceed the greater of (a) the amount of fees you paid to us in the twelve (12) months prior to the claim, or (b) one hundred dollars (US $100).

9. Indemnification

You agree to indemnify, defend, and hold harmless MRCHNT Funding and its affiliates from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these Terms, or your violation of any law or third-party right.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State in which MRCHNT Funding is principally located, without regard to its conflict-of-law provisions. Any dispute arising out of or related to these Terms or your use of our services will be resolved exclusively in the state or federal courts located within that State, and you consent to the personal jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Material changes will be communicated through our website or by direct notice when appropriate. Your continued use of our services after a change constitutes acceptance of the updated Terms.

12. Termination

We may suspend or terminate your access to our services at any time, with or without notice, for any reason. Upon termination, the sections of these Terms that by their nature should survive (including Sections 5, 7, 8, 9, and 10) will continue to apply.

13. Contact Us

If you have any questions about these Terms, contact us at:

MRCHNT LLC, d/b/a MRCHNT Funding
Email: info@mrchntfunding.com