Terms of Service
The words “iCapital”, “iCapital Funding”, “we”, “our,” or “us” includes iCapital Funding, Inc. and its affiliates, vendors, partners, representatives, employees, and other personnel involved with iCapital Funding, Inc., unless specifically distinguishing iCapital from our partners or affiliates.
The use of the words “you”, “user”, “visitor”, or “applicant” means anyone who accesses, submits information, or otherwise interacts with the Site and our services.
When the terms “you” or “users” are used regarding submitting information for business funding, these terms include both the business entity seeking funding (the “Applicant”) and the authorized individual acting on behalf of such business entity (“Applicant’s Representative”).
Acceptance of Terms
If you wish to have access to and participate in the products or services provided by iCapital then you must read this agreement carefully and are encouraged to save this agreement for your records.
Eligible Users and Acknowledgements
You may not use the iCapital Site, services, or products offered through the Site if you are under 18 years of age or if you are not a legal resident of the United States.
Your account may be terminated without warning if we believe, in our sole discretion, that you are less than 18 years of age or not a United States resident.
In addition, by using the Website, you are affirming that;
- You accept sole responsibility for all of your activities and conduct while using this Site.
- You are responsible for ensuring that you do not violate any applicable federal or state laws or statutes, including copyright laws, when using this Site.
- You will not transmit or upload viruses, worms or any other destructive or malicious code or executable program to the Website.
- You will not use bots to engage in iCapital’s Site or services.
By submitting information to iCapital, either through the Site or other electronic communication, you are further affirming that;
- You are authorized to act on behalf of your business or company and able to bind such entity
- You are not misrepresenting yourself, your business, or any information related to your current financial accounts
- All information provided by you or your business partner(s) is true, accurate, current, and complete, and that you will maintain the accuracy of that information
- Any funds that you receive through iCapital shall be used exclusively for business and not personal use
- Your use of our products or services does not violate any applicable law or regulation
- You will not use the services for any illegal, immoral or unauthorized purpose
- You assume all liability for the information you provide.
Use of Site Restrictions
You assume all risk and responsibility for your conduct on the Site and use of our services, including any risk associated with your interactions with third-parties, and hereby waive all claims or actions against iCapital.
You agree that iCapital is making no commitment or guarantee that any service, product, evaluation, or guidance provided by iCapital will result in approval for business funding. You acknowledge that by engaging or communicating with iCapital, you are not guaranteed any funding or form of funding.
Changes to Terms
Your continued use of our Site and services means you have read, understood, and accept the most recent version of this agreement as binding. Please check the last updated date frequently so you are aware of any changes.
Products and Services
You understand and agree that the services provided by iCapital include assessing your eligibility for business funding, pre-qualifying and matching you with the financial products offered by our business partners and coordinating and maintaining that relationship when possible and appropriate.
iCapital is not a lender or direct issuer of loans, but some of the financial products offered by our partners may include loans, along with other alternative funding options.
iCapital is not a financial consultant company, nor do we offer legal advice. Before making a financial decision or strategy for your company you should consider obtaining the advice of your attorney, accountant, and other trusted consultants.
You may request pre-qualification for business funding through the Site by filling out our online application. The application will request your personal and business information, including but not limited to your name and address, phone number and email, the amount requested, the intended business purpose, and financial information regarding the business revenue.
By submitting your application, you authorize iCapital and our selected business partners to obtain information from third-party sources, including credit bureaus. Based on our assessment of your application information, we may restrict the number of partners who will conduct further inquiries to those we predict are most capable of fulfilling your business funding needs, if we submit your information at all.
iCapital may suspend or discontinue our services or limit the availability of funding products at any time and for any reason, without liability and without notice.
Applying for Business Funding
Consent to Conduct Business Electronically
Submitting a business funding application electronically through the iCapital Site has the same force and effect as if the application was signed by hand with an ink signature. Any electronic or paper communications will be considered “in writing.”
In utilizing any of the functions of the Site, Applicant’s Representative warrants and represents that he or she is over the age of 18, a legal US resident, is acting pursuant to express authorization to act on behalf of the Applicant, and able to enter binding agreements on behalf of the Applicant.
The Applicant certifies that any funds obtained through our services will be used solely for legitimate business purposes and not for any other reasons outside of that scope.
In order to service your request for business funding, you authorize iCapital, our affiliates and business partners, to;
(a) send electronic disclosures to the email address(es) provided by you, including all relevant documents, notices, and contracts.
(b) communicate with you electronically, at any telephone number, fax number, email address that you submit to us, based on your interest in and eligibility for our financial products now or in the future.
(c) contact third-parties as necessary to verify your information, including your identity and the legitimacy of your business. We may require identifying documentation from you as a condition of continuing with our services at any time.
(d) analyze the financial health of your business by obtaining proof of your business revenue. Proof of business revenue includes the choice of providing us copies of your business bank statements or linking your transactional data using a secure third-party.
(e) obtain and review consumer and business credit reports; and to conduct further credit inquiries as required, which may impact your credit score.
Consent to Obtain Credit Report
In submitting your application for business funding, you are providing iCapital and our business partners authorization to inquire about your credit and to obtain reports from credit bureaus as needed to fulfil your request for business funding and monitor your credit performance.
By clicking “continue” on our Application, you are providing written consent for iCapital and our affiliate companies and business partners to obtain and review your consumer and business credit reports. The “soft pull” initiated by iCapital will not affect your credit score, but credit inquiries by our business partners may impact your credit score.
The information from your credit report, among other considerations, will be used in determining your eligibility for certain financial products in the assessment of the financial readiness of your business to receive funding.
You understand that our partners, at their sole discretion, may approve or decline your application and may or may not provide us with the details of their decision. The credit inquiries conducted by our business partners may or may not have an impact on your personal credit score.
You understand and agree the iCapital cannot guarantee that your application will result in approval, or submission for approval, for any business funding products offered through our services.
Consent to Contact and Receive Electronic Communications
We, or any agent or representative acting on our behalf, may contact you by any means and for any reason, including but not limited to; fulfilling your request for business funding, communicating information on the status of your business funding, marketing additional products or services, and delivering disclosures, notices, and agreements.
You understand that anyone with access to your telephone, phone number, email account, or other owned electronic communication devices may listen to or read the messages that iCapital or our partners leave or send you, and you agree that we will have no liability for anyone accessing such messages.
You understand that you may be charged for the use of such services, and iCapital and our partners cannot be held liable for any charges incurred by use of these communications or the platforms they rely upon.
Below you will find further acknowledgements in your consent to receive electronic communications, as well as your options and instructions for withdrawing your consent.
- You expressly agree to receive electronic communications from iCapital to any email address provided by you at any time, unless and until you withdraw your consent in writing.
- You agree to allow iCapital to respond to any inquiries by email, and to forward your inquiry to the appropriate representative or partner to whom the inquiry should be directed.
- You understand and acknowledge that receiving disclosures, notices, and agreements via email is required to fulfill your request for business funding.
- You may withdraw your consent to receive marketing or other automated emails at any time by clicking “unsubscribe” at the bottom of the iCapital email you receive, but this will not prevent us from contacting your email with relevant updates or information regarding the status of your application for business funding or providing relevant account details.
- During the application process you may withdraw your consent to receive all emails by contacting email@example.com, but understand that doing so will prohibit you from using our services or accessing any funding products offered through the site.
- You authorize iCapital and our partners to contact you using any telephone numbers, including but not limited to; landline, mobile, and VOIP numbers, that you supply.
- You agree that we may use prerecorded messages when leaving voicemails and may use automatic dialing technology to contact you.
- You understand and acknowledge that receiving phone calls from iCapital and our business partners is required to fulfill your request for business funding and to manage that relationship.
- You may request that we do not contact a specific number by communicating with us your preferred contact number, but this will not prevent us from calling any other phone numbers you have provided when you cannot be reached.
- During the application process you may withdraw your consent to receive all calls from iCapital by emailing us at firstname.lastname@example.org and requesting to be placed on our “do not call” list.
- By providing iCapital with your mobile telephone number, you consent to receive Short Message Service (SMS) communications, or “text” messages, to each mobile device provided by you.
- You agree that we may send you pre-written messages using an automatic dialing system, or messages sent directly by any iCapital representative servicing your request for business funding.
- Receiving text messages to your mobile device is not required to use our Site and services, and you may withdraw your consent at any time.
- To withdraw consent (opt-out), from SMS you can email emailing us at email@example.com identifying which telephone number you wish to withdraw consent for and you will not receive further SMS to that number once we process your request.
- In the event that incoming or outgoing messages are delayed, carriers are not liable for delayed or undelivered messages.
- Standard Messaging and data rates may apply.
- Message frequency varies, expect 3-4 messages throughout the application process, and 2-3 emails annually with company updates.
- If an iCapital representative is communicating with you directly and you request not to receive texts, then you may receive a final confirmation from the representative to your device. You may also withdraw consent by contacting us at firstname.lastname@example.org
- Text HELP for help.
Limitations on Withdrawing Consent to Electronic Communications
Please note, if you have previously submitted your information to iCapital, have provided us multiple phone numbers or email addresses, or have corresponded directly with one of our representatives in addition to using the Site, then we may have duplicate contact information associated with your account.
While we make every effort process all requests to withdraw communication consent, you may be still contacted in error. Please notify us at email@example.com if such an error occurs and we will take appropriate measures to resolve the issue.
You also acknowledge that withdrawing consent for one form of communication shall be exclusive to that form (for example, “unsubscribing” from emails will not automatically place you on a “do not call” list).
If you have received a funding product through your use of iCapital services and request to withdraw consent, then the separate terms and conditions of the funding agreement will take precedence, and iCapital, our business partners, and any representative or agent acting on their or our behalf may contact you by any means and as needed for any purpose, including enforcing contractual or legal rights and obligations.
Consent to Contact Third-Parties
You understand and agree that you authorize iCapital to access third-party sites on your behalf for the purpose of servicing your request for business funding, thereby granting iCapital a limited power of attorney as your agent.
The services offered through our Site may incorporate Application Programming Interfaces (API’s) to communicate and share information with third-parties. The API’s utilized through the Site include transmitting your transactional data and other personal or business information to iCapital or our partners.
You agree that by linking your bank account via API through a third-party to iCapital, you grant us the authority as your agent to access this information at any time and as needed to monitor your performance.
iCapital bears no responsibility for the content, or availability of the content, provided by or through the use of third-party API’s.
Monitoring and Privacy
You acknowledge and agree that any of your electronic communications with us, including telephone calls, may be monitored or recorded at any time and without notice.
Monitoring may involve an ongoing review of your business bank account if linked by a secured third-party, updating an inquiry into your credit, and reviewing your communications with us for quality assurance or training purposes, and to assess your financial readiness to receive business funding now or in the future.
You understand and agree that certain information or communications may be disclosed if required by law or legal process, or at the request of a third-party with reasonable cause, or if necessary, to protect, defend, or enforce iCapital’s rights.
Account Information and Security
Accessing certain features of our Site and services requires creating an account. By creating an account through our Site, you are licensing iCapital to view and store any credentials, passwords, information, data, content or other materials you provide to enable iCapital and our partners to provide you with our services.
You are responsible for maintaining the security of your account and passwords as well as limiting how and where you access your account. You will not share full or partial credentials for the Site, and you may not authorize others to use your account or transfer your account to another business entity or person.
You will not hold iCapital liable for unauthorized use of your account. However, you may be liable for any losses of iCapital, our partners, or others arising from said use.
If we determine or suspect that your login information is being shared, we may choose to terminate your access to all or parts of our Site or services. If you become aware of any unauthorized person or entity using your account or believe a device on which you interact with your account has been stolen or compromised, then you must notify us to terminate or suspend your account access immediately by emailing firstname.lastname@example.org.
Updating Your Information
You authorize iCapital to consider all information on your application to be true, accurate, and current, unless we are contacted directly and made aware of any changes.
You acknowledge that it is your responsibility to keep your personal and business information up to date and hereby agree you will contact us immediately of any change to your phone number, email address, physical address, or any other information associated with your account.
Additionally, you agree to promptly notify us of any changes to the business’ location, circumstances, alterations to the legal name of the business entity, restructuring or transfer of ownership, or eligibility for continued use of our services. You may notify us directly through the Site, by contacting your iCapital representative, or by emailing email@example.com.
All relevant notices, disclosure, payments or letters shall be considered received if sent by iCapital to the contact information you provide. For example, if we send a notice to the email address on your application and you have since changed your email address, that notice will be considered delivered to you by iCapital.
iCapital shall not be held responsible for any fees, payment processing errors, or any other damages arising from your negligence in keeping the information on your account current.
Compliance With Laws
You shall comply with all applicable state and federal laws and regulations regarding your use of the Site and services in all your dealings with iCapital, our affiliates, partners, or other third-parties.
You are required to cooperate fully with any investigation by iCapital, its agent or with law enforcement officials.
You acknowledge that any willful violation of this binding agreement or illicit use of our services could result in civil or criminal penalties.
The Site content is provided to you “as is” and may not be exploited for any other use, including commercial use.
While iCapital makes every effort to keep the content on the Site current, we are under no obligation to do so and cannot warrant the completeness, accuracy, or relevance of the information, images, links, or other content of the site.
Furthermore, we do not guarantee the availability of all or parts of the Site, as certain parts of the website may be unavailable from time to time due to any reason, including technical difficulties or errors.
Ownership and Intellectual Property Rights
You acknowledge and agree that the content on the iCapital Site and the services available through the Site are protected by copyright law and other intellectual property laws with all rights reserved.
By using the Website, you agree not to engage in copying, modifying, distributing, reproducing, selling, reverse engineering, broadcasting, transmitting, or creating derivative works from any of our content or technology.
iCapital retains all rights, titles, and interests in the Website and all digital representations of iCapital. These rights and interests cannot be transferred to any other party unless expressly authorized by iCapital in writing.
To the best of our knowledge, iCapital only uses content that we own or are permitted to use.
Any third-party content with respect to trademarks, names, or logos referencing a third-party company shall remain the property of that company, otherwise all content remains the intellectual property of iCapital.
We reserve the right to terminate your use of the Site or service if we suspect unauthorized use, access, or any violation of applicable law regarding our ownership rights.
iCapital may also, at its sole discretion, limit, terminate, or prohibit your use of the Site and services if you are under suspicion of being a repeat infringer regarding our intellectual property under the Digital Millennium Copyright Act (DMCA).
The following hardware and software specifications must be met in order to view the Site and retain necessary documents and disclosures required to utilize the services offered by iCapital;
- a device with internet access
- an email account with a service provider and software capable of receiving and sending email
- a current web browsing software
- an up-to-date software capable of viewing, saving, and printing documents in .pdf format;
- hardware capable of running this software, with sufficient storage capacity to save any disclosures or communications.
In addition to the above requirements, when accessing the Site via a mobile device (i.e., a smartphone or tablet), you must have the capability and software on your mobile device that allows you to print and save any disclosures or other documents presented to you during the pre-qualification or application process.
If your mobile device does not have these capabilities or does not have the proper software installed, you are required to access the Site through a device that has the capability to print all documents and disclosures presented.
Appropriate Use of Site and Service
You acknowledge and agree that you may not use the Site or services of iCapital in any manner unlawful or any way that violates applicable local, state, federal, or international laws or regulations.
You may not use the Site in any harmful manner that could damage, impair, or disable the Site or that interferes with another’s use of the Site.
In addition, you shall not:
- upload, post, transmit, share, store, or otherwise make available any content that could be harmful, threatening, unlawful, defamatory, libelous, infringing, abusive, inflammatory, immoral, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable.
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or give rise to any civil or criminal liability.
- misrepresent yourself or your business, including but not limited to misrepresenting; your age, legal residence, affiliation with the business entity with which you apply, your authority to act on behalf of said business, the financial status of the business, or otherwise impersonate any other individual or entity.
- register for more than one account, register for or operate an account on behalf of another person who is not eligible for our service, attempt to use another’s account without authorization, or operate an account under a false identity.
- collect the information of users from the Site or service for the purpose of uploading, transmitting, posting, emailing, or otherwise making available any unsolicited or unauthorized advertising or promotional materials, including “junk mail, “spam,” “chain letters”, “pyramid schemes” or similar solicitations.
- Harass or intimidate other users, solicit personal information from other users, or collect or make publicly available the personal information of another individual.
- Attempt to use automatic devices or programs such as bots, spiders, or scripts to gain unauthorized access to the Site for any purpose, including damaging, disrupting, monitoring, or collecting any content on the Site either manually or automatically.
- Attempt to interfere with the proper functionality of the Site, including introducing viruses, worms, trojan horses, or any other malicious code.
- Interfere with the displays on the site through framing techniques or placing pop-up windows over the Site’s pages, or otherwise diverting users from accessing the Site features and services.
User Content Posted on the Site
You acknowledge and agree that you are responsible for any and all content posted by you to our Site, including your personal and business information, comments, chats, messages, or any other user content.
You agree that no content posted, either through your account or anywhere else on the Site, shall infringe or violate the rights of iCapital, any individuals, or any other third-party.
We may delete any content posted by you that we, at our sole judgement and determination, consider may be objectionable, fraudulent, harmful, threatening, offensive, inaccurate or misrepresentative at any time and without notice.
You may request that we remove content you have posted to the site if you have done so in error, though we are not obligated to do so, by contacting firstname.lastname@example.org.
Linking to the Website
You may create links to our Site either by placing “https://www.icapitalfunding.com/” in text or by mentioning “iCapital” and placing the hyperlink inside the company name. You may do so provided it is done in a fair and legal way and does not damage or demonstrate intent to damage our reputation in any way. Any other means or representation of linking to the Website is not allowed.
You are not permitted to link to the Site in any manner that suggests an association with or endorsement of your business as if originating from iCapital without our express written consent.
Links to Third-Party Websites
The iCapital Site and other communications sent you during use of our service may contain content provided by third-parties, as well as links to third-party websites, which are not owned or controlled by iCapital.
While the Site includes links to social media platforms, these features are available to you only as we provide them, and we may discontinue or disable any links on the Site without notice.
Content on the Site may also include articles, statements, or opinions expressed by other users or other third-parties, which are solely the responsibility of their respective offers and may not reflect the opinions or beliefs of iCapital.
You agree and acknowledge that the company bears no responsibility for any information, materials, or services provided on third-party websites or displayed on our Site by third-parties.
Furthermore, we have no control over and cannot edit, censor, or update third-party content.
Under no circumstances will we bear responsibility for damages or losses incurred by your accessing a third-party website through any link posted or transmitted to you from your use of our Site or services.
You expressly agree to relieve iCapital of any and all liability arising from your use of third-party websites.
Reliance on Website Information
The content on the Website is available with the purpose of providing general information only, and iCapital does not warrant the completeness or accuracy of this information.
We disclaim all responsibility and liability for any reliance you place on this content, and you agree that under no circumstances shall iCapital be liable to any applicant, user, or third-party for any losses arising from such reliance.
Limitation of Liability
You agree that your use of the Website and all services accessed through the Website is done at your own risk and that iCapital in no event shall be held liable for any damages or expenses, including but not limited to, financial loss, emotional distress, loss of data, or loss of business caused by or in connection with the content or services offered through the Site.
To the fullest extent permitted by applicable law, iCapital, its partners, affiliates, representatives, employees and agents shall not be held liable for any direct or indirect, incidental, special, or consequential damages, expenses, or losses that may arise in connection with:
(a) use of the Website, or from your use of, or your inability to use, the Website or any of the information provided on the Website;
(b) any failure of performance, error, omission, defect, delay, or interruption in operations or transmissions, computer/ mobile device viruses or line or system failure; or
(c) any disclosure of information when communicating with you by any electronic means or receiving electronic communications from you, or in connection with any unauthorized access of your account.
These limitations apply even if we have been made aware of a possibility of such damages, losses, or expenses.
iCapital does not endorse or encourage the use or purchase of any products or services advertised on the Website.
iCapital bears no responsibility for, and makes no endorsements, claims, or guarantees, for the third-party content or services accessed through the Website and cannot be held liable for any damages, losses or expenses incurred in association with them.
Disclaimer of Warranties
iCapital does not warrant or guarantee that files or other media linked or available for downloading from the Site or other electronic communications will not contain destructive codes or viruses. Utilizing appropriate security procedures for guarding against malicious software or code is solely your responsibility. The Company will not be liable for any damages or losses caused by any harmful technology arising from your use of the Site or our services.
Neither the Company nor anyone associated with the company makes any warranties regarding the accuracy or availability of the Site’s content. The Website and services are made available “as is” without any warranties, and without guarantee that the any services offered will meet your expectations.
Baring those warranties which cannot be excluded under applicable law, the Company disclaims all warranties of any kind, either expressed and implied.
We reserve the right to assume exclusive control of any and all matters subject to indemnification.
Governing Law, Venue and Jurisdiction
Limitation on Time To File Claims
Questions or Concerns