Terms and Conditions

App Funding Beta LLC  |  Effective Date: January 01, 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.

2. Description of Services

App Funding Beta LLC provides merchant services, Merchant Cash Advance (MCA) funding, and related financial services. Our services may include merchant account setup, MCA funding and collection, bank account monitoring via Plaid, and ongoing account management and support.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements. If you are acting on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4. SMS/Text Messaging Terms

4.1 Consent to Receive Messages

By providing your mobile phone number and opting in through our website, forms, or other consent mechanisms, you expressly consent to receive SMS/text messages from us. These messages may include transactional alerts, marketing promotions, customer service communications, debt collection notices, and sales-related information. Consent to receive text messages is not required as a condition of purchasing any goods or services.

4.2 Message Types and Frequency

You may receive the following types of messages:

• Transactional: Account alerts, payment confirmations, processing status updates, and service notifications
• Marketing: Promotional offers, product updates, and business tips (up to 10 messages per month)
• Customer Service: Support responses, follow-up communications, and survey requests
• Debt Collection: Payment reminders, past-due notifications, and resolution options
• Sales: Product and service information, pricing updates, and consultation invitations

4.3 Opt-Out

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. You may also contact us at info@appfundingbeta.com or (646) 360-0790 to opt out. Opting out of marketing messages does not affect transactional messages related to your active services.

4.4 Costs and Carrier Information

Message and data rates may apply depending on your mobile carrier and plan. We are not responsible for any fees charged by your carrier. Not all carriers may be supported. Contact your carrier for details.

5. Plaid Integration and Financial Data Access

5.1 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 Plaid, you authorize Plaid to access your financial institution on your behalf and to transmit your financial data to App Funding Beta LLC. Your use of Plaid is also subject to Plaid’s End User Privacy Policy.

5.2 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 the 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.

5.3 ACH Payment Authorization

By entering into an MCA agreement and linking your bank account through Plaid, you authorize:

• Recurring ACH debit entries from your linked bank account in accordance with your MCA repayment schedule
• Balance inquiries to your bank account through Plaid to determine available funds prior to initiating ACH debits
• Adjustments to the timing of ACH debits based on your available account balance
• Reversal or correction entries as necessary to resolve erroneous transactions

5.4 Disconnection and Consequences

You may disconnect your bank account from Plaid at any time by contacting us at info@appfundingbeta.com or through Plaid’s portal at https://my.plaid.com. However, disconnecting your bank account while an active MCA agreement is in place may constitute a breach of your MCA agreement and may result in acceleration of the remaining balance, application of default fees, or other remedies as provided in your MCA agreement.

5.5 Data Accuracy and Liability

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 in financial data provided by third parties. In the event of a disputed transaction, you agree to notify us within thirty (30) days of the transaction date.

6. User Responsibilities

You agree to:

• Provide accurate and complete information when using our services or opting in to communications
• Keep your contact information up to date
• Use our services only for lawful purposes
• Not attempt to interfere with or disrupt our services or systems
• Comply with all applicable laws and regulations in connection with your use of our services

7. Payment Terms

Fees for services are outlined in your individual merchant agreement or service contract. Payment terms, processing rates, and fee schedules are subject to the terms of your specific agreement with us. We reserve the right to modify fees with advance written notice as permitted by your service agreement.

8. Intellectual Property

All content, trademarks, logos, 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, or reproduce any content without our prior written consent.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APP FUNDING BETA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless App Funding Beta LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

11. Disclaimer of Warranties

OUR 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. 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, your right to use our services ceases immediately. Provisions of these Terms that by their nature should survive termination shall remain in effect.

13. 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 conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless both parties agree to mediation or litigation in the appropriate court of jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after any modification constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable merchant agreements, constitute the entire agreement between you and the Company regarding the use of our services and supersede all prior agreements and understandings.

17. Restricted Merchant Industry List

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

17.1 Prohibited Industries (Not Eligible for Services)

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 sales (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 hacking services
• Unlicensed gambling or betting operations (online or offline)
• Ransomware, malware distribution, or cyberattack services

17.2 High-Risk / Restricted Industries (Subject to Enhanced Review)

The following categories are considered high-risk and subject to enhanced underwriting, additional documentation, and/or higher rates. 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
• Travel agencies, travel clubs, and timeshare sales
• Telemarketing, outbound call centers, and lead generation services
• Debt collection agencies and debt consolidation 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, payday lending, and short-term loan services
• Technical support services and remote access companies
• Subscription boxes 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
• Essay writing, academic assistance, and paper mills

17.3 Restricted Industry Policy

Merchants operating in restricted industries must provide all required licenses, permits, and regulatory approvals; maintain compliance with applicable law; and agree to enhanced monitoring or reserve requirements. App Funding Beta LLC reserves the right to update this list at any time. Merchants misrepresenting their business type will be subject to immediate termination, fund holds, and potential reporting to card brand networks and law enforcement.

18. Contact Information