Terms and Conditions

App Funding Beta LLC  |  Effective Date: January 01, 2026  |  Last Updated: July 1, 2026

1. Acceptance of Terms

By accessing or using the website, products, or services of App Funding Beta LLC (“Company,” “we,” “us,” or “our”), you (“you,” “your,” or “user”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to all of these Terms, do not use our website or services. These Terms constitute a legally binding agreement between you and App Funding Beta LLC. These Terms are supplemented by our Privacy Policy, which is incorporated herein by reference.

2. Description of Services

App Funding Beta LLC provides Merchant Cash Advance (MCA) funding and related financial services to business owners. Our services may include, but are not limited to:

• Merchant Cash Advance funding via Sale of Future Receivables Purchase Agreements (FRPA)
• Business financial assessment and underwriting
• Bank account monitoring and payment collection via ACH debit
• Bank account verification and access via Plaid Inc.
• Referral and ISO broker program management
• Ongoing merchant account management and support

3. Nature of Merchant Cash Advance Services

App Funding Beta LLC is a direct funder of Merchant Cash Advances. An MCA is a commercial transaction in which the Company purchases a specified amount of a merchant’s future receivables at a discount. An MCA is not a loan, and the amounts purchased under a Sale of Future Receivables Purchase Agreement (FRPA) do not constitute a loan, credit facility, or extension of credit under applicable state or federal lending laws.

Key characteristics of our MCA product:

• The Company purchases future receivables directly; there is no third-party or indirect lending arrangement.
• Repayment is made via daily or weekly ACH debit in fixed or percentage amounts as specified in the applicable FRPA.
• The purchased amount is not a fixed obligation; it represents a sale of identified future receivables, not a loan repayment.
• ISO brokers and referral partners introduce merchants to the Company but are not parties to the FRPA and do not fund transactions.

Nothing in these Terms modifies or supersedes the terms of your individually executed FRPA. In the event of a conflict between these Terms and your FRPA, the FRPA controls.

4. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding commercial contracts on behalf of yourself or a business entity. By using our services, you represent and warrant that you meet these eligibility requirements and that the business entity on whose behalf you are acting is duly organized, validly existing, and in good standing under applicable law.

5. SMS / Text Messaging Terms

5.1 Consent to Receive Messages

By providing your mobile phone number and opting in through our website, application forms, or other consent mechanisms, you expressly consent to receive SMS/text messages from App Funding Beta LLC. Consent to receive text messages is not required as a condition of applying for or receiving any of our products or services.

5.2 Message Types and Frequency

You may receive the following types of SMS messages from us:

• Transactional: Account alerts, payment confirmations, ACH debit notifications, processing status updates, and service-related notifications
• Marketing: Promotional offers, product updates, rate information, and business growth resources (up to 10 messages per month)
• Customer Service: Responses to support inquiries, follow-up communications, and satisfaction surveys
• Account Management: Payment reminders, balance notifications, and account status updates related to your active MCA agreement
• Sales: New product and service information, consultation scheduling, and funding opportunity notifications

5.3 Opt-Out and Help

You may opt out of SMS messages at any time by replying STOP to any message. You will receive a single confirmation message after opting out. For help or information about our SMS program, reply HELP to any message. You may also contact us to opt out or request assistance at info@appfundingbeta.com or (646) 360-0790. Opting out of marketing messages does not affect transactional messages required in connection with your active MCA agreement.

5.4 Message and Data Rates

Message and data rates may apply depending on your mobile carrier and plan. App Funding Beta LLC is not responsible for fees charged by your wireless carrier. Contact your carrier for details regarding applicable charges. Not all mobile carriers may be supported.

5.5 SMS Data Sharing Restrictions

6. Plaid Integration and Financial Data Access

6.1 Bank Account Linking

As part of our MCA funding and payment collection services, App Funding Beta LLC uses Plaid Inc. (“Plaid”) to securely connect to your business bank account(s). By providing your bank account credentials through the Plaid interface, you authorize Plaid to access your financial institution on your behalf and transmit your financial data to the Company. Your use of Plaid is also governed by Plaid’s End User Privacy Policy at https://plaid.com/legal.

6.2 Authorization for Account Monitoring

By linking your bank account, you expressly authorize App Funding Beta LLC to access and monitor your account balance and transaction information on a recurring basis for the purpose of determining appropriate timing for MCA payment collections via ACH debit. This authorization remains in effect for the duration of your MCA agreement unless revoked in writing as permitted under your FRPA.

6.3 ACH Payment Authorization

By entering into an MCA agreement and linking your bank account through Plaid or by executing an ACH Authorization Agreement, you authorize:

• Recurring ACH debit entries from your linked bank account in accordance with your MCA repayment schedule
• Balance inquiries through Plaid to determine available funds prior to initiating ACH debits
• Adjustments to the timing of ACH debits based on available account balance, as permitted under your FRPA
• Reversal or correction entries as necessary to resolve erroneous transactions
• ACH debit from any account identified or substituted pursuant to the terms of your FRPA in the event of account change or transfer

6.4 Disconnection and Consequences

You may request disconnection of your bank account from Plaid by contacting us at info@appfundingbeta.com or (646) 360-0790, or through Plaid’s portal at https://my.plaid.com. Disconnecting your bank account or deauthorizing ACH debits while an active MCA agreement is in place may constitute an Event of Default under your FRPA and may result in acceleration of the remaining purchased amount, imposition of default fees, and pursuit of other remedies as specified in your FRPA.

6.5 Data Accuracy

App Funding Beta LLC relies on the accuracy of financial data provided by Plaid and your financial institution. We are not liable for errors, delays, or inaccuracies attributable to your financial institution or Plaid. In the event of a disputed ACH transaction, you agree to notify us within 30 days of the transaction date.

7. ISO Brokers and Referral Partners

App Funding Beta LLC works with independent sales organizations (ISOs), brokers, and referral partners (“ISO Partners”) who introduce merchant applicants to the Company. ISO Partners are independent contractors and are not employees, agents, or representatives of the Company. The Company is not responsible for representations, warranties, or commitments made by any ISO Partner that are not expressly contained in a signed FRPA or other written agreement with the Company.

ISO Partners are subject to a separate ISO Agreement governing their relationship with the Company, including commission structures, clawback provisions, and conduct requirements. Merchants should contact the Company directly at info@appfundingbeta.com with questions about their MCA agreement or account status.

8. User Responsibilities

In connection with your use of our services and any MCA agreement, you agree to:

• Provide accurate, complete, and current information in all applications, forms, and communications
• Promptly notify us of any changes to your contact information, banking relationships, or business structure
• Maintain your linked bank account and ensure it remains accessible for authorized ACH debits
• Not obtain additional merchant cash advances or similar financing from any third party during the term of your MCA agreement without prior written consent from the Company (anti-stacking)
• Not take any action to block, reverse, or deauthorize ACH debit entries authorized under your MCA agreement, except as expressly permitted by the FRPA
• Use our services only for lawful commercial purposes
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services

9. Payment Terms

Fees for services, purchased amounts, factor rates, and repayment schedules are set forth in your individual FRPA or service agreement. Payment terms are subject to the specific agreement executed between you and the Company. The Company reserves the right to modify fees or rates applicable to future agreements with advance written notice as required by applicable law or the terms of your existing agreement.

10. Intellectual Property

All content, trademarks, logos, trade names, and intellectual property on our website and in our materials are the property of App Funding Beta LLC or our licensors. You may not copy, modify, distribute, reproduce, or create derivative works from any Company content without our prior written consent.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APP FUNDING BETA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR ANY MCA AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless App Funding Beta LLC and its officers, directors, employees, agents, and affiliates from and against any claims, demands, suits, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms or your FRPA; (c) your violation of any applicable law or the rights of any third party; or (d) any misrepresentation made by you or on your behalf in connection with any application or agreement with the Company.

13. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

14. Termination

The Company reserves the right to suspend or terminate your access to our website or services at any time, with or without cause and with or without notice, including for violation of these Terms, fraudulent or deceptive conduct, or non-compliance with your FRPA. Termination of website access does not release you from any obligations under an executed FRPA. Provisions of these Terms that by their nature should survive termination — including Sections 11, 12, 13, 15, and 16 — shall remain in full force and effect.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services that is not resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, with proceedings conducted in New York, New York. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.

16. Changes to These Terms

The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms to our website. Your continued use of our services after any modification constitutes acceptance of the revised Terms. For material changes, we will provide advance notice via email or a website notice where reasonably practicable.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable executed FRPA or merchant agreement, constitute the entire agreement between you and the Company regarding your use of our services. These Terms supersede all prior or contemporaneous understandings, representations, or agreements, whether written or oral, relating to the subject matter herein. In the event of a conflict between these Terms and an executed FRPA, the FRPA controls.

19. Restricted Merchant Industry List

App Funding Beta LLC reserves the right to decline, suspend, or terminate merchant accounts associated with prohibited or restricted industries, in accordance with card network rules (Visa, Mastercard, American Express, Discover), NACHA guidelines, and applicable federal and state regulations.

19.1 Prohibited Industries

The following merchant categories are strictly prohibited and will not be approved under any circumstances:

• Illegal drugs, drug paraphernalia, or controlled substances not authorized by law
• Child exploitation material or services of any kind
• Unlicensed pharmaceutical sales or online pharmacies without valid licensure
• Counterfeit goods, trademark-infringing products, or stolen property
• Illegal weapons, ammunition, or explosives (where prohibited by law)
• Unlicensed money transmission, money laundering, or terrorist financing
• Ponzi schemes, pyramid schemes, or fraudulent investment programs
• Human trafficking or forced labor services
• Identity theft services, stolen data sales, or unauthorized access services
• Unlicensed gambling or betting operations
• Ransomware, malware distribution, or cyberattack services

19.2 High-Risk / Restricted Industries

The following categories are considered high-risk and are subject to enhanced underwriting review, additional documentation requirements, and/or adjusted pricing. Approval is not guaranteed and is at the sole discretion of the Company:

• Adult entertainment and age-restricted media
• Online gambling, fantasy sports, and licensed gaming operations
• Cryptocurrency exchanges, digital currency trading, and NFT marketplaces
• CBD, hemp, cannabis (where legally permitted), and related products
• Firearms, ammunition, and weapons dealers (federally licensed)
• Tobacco, e-cigarettes, vape products, and smoking accessories
• Nutraceuticals, supplements, and health products with recurring billing models
• Travel agencies, travel clubs, and timeshare sales
• Telemarketing, outbound call centers, and lead generation services
• Multi-level marketing (MLM) and direct sales organizations
• Dating services and matchmaking platforms
• Bail bonds and surety services
• Pawnshops and precious metals dealers
• Check cashing and short-term consumer loan services
• Technical support services and remote access companies
• Subscription box and continuity/negative option billing merchants
• Credit repair and credit monitoring services
• Document preparation services (immigration, legal, tax)
• Auction houses (online and offline)
• Extended warranty and service contract providers
• Academic assistance and contract writing services

19.3 Restricted Industry Policy

Merchants operating in restricted industries must provide all required licenses, permits, and regulatory approvals; maintain compliance with applicable law; and may be subject to enhanced monitoring or reserve requirements. Merchants who misrepresent their business type or industry will be subject to immediate termination of services, fund holds, and potential reporting to card networks, regulatory agencies, and law enforcement.

20. Contact Information