Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online request form at fundspring.net (“FundSpring,” “we,” “us,” or “our”). FundSpring is a trading name of FundSpring LLC, an Ohio limited liability company. By accessing this site or submitting a funding request, you agree to these Terms on your own behalf and on behalf of the business you represent. If you do not agree, please do not use the site and do not submit a request.

1. What we are, and what we are not

FundSpring is a connection provider and marketplace for revenue-based merchant cash advances (“MCAs”). We collect the information you choose to submit about your business and transmit it to third-party funders in our network so that they can decide whether to contact you with an offer.

A merchant cash advance is the purchase of a portion of a business’s future receivables in exchange for funds provided up front. It is not a loan. The amounts the business remits are not interest, and the cost is expressed as a fixed amount (the purchase price multiplied by a factor), never as an annual percentage rate.

FundSpring is not a funder. We do not purchase receivables, we do not make funding decisions, we do not set or influence the purchase price, factor, remittance or any other term, and we are not a party to any Revenue Purchase Agreement executed between you and a third-party funder. We expressly disclaim any liability arising from those third-party agreements. Every funding decision is made solely by the funder, under its own criteria. We do not guarantee that any funder will contact you, make you an offer, or offer any particular amount or terms, and we do not endorse or recommend any funder in our network.

2. Eligibility and commercial use only

The service is offered only to small businesses and to self-employed individuals who operate a business, and only for commercial purposes. It is not a consumer product and is not offered for personal, family or household use.

To submit a request you must be at least 18 years old, be the owner or an authorized representative of a business operating in the United States, have authority to act and sign on its behalf, and have a valid email address and telephone number. Funders in our network generally look for a business that has been operating for about 3 months, takes in about $1,500 a month in revenue and has a business bank account. Meeting these guidelines does not mean any funder will make you an offer.

Commercial-use certification. By submitting a request you certify that you are acting on behalf of a business, or as a self-employed operator of a business, and not as a consumer; that you are not seeking funds for personal, family or household purposes; and that any funds received will be used solely for commercial or business purposes. Requests made for personal or consumer purposes are not eligible and will be declined.

3. A request is not an application to us

Submitting information through this site is a request to be connected with funders. It is not an application for funding with FundSpring, it is not an agreement, and it is not an offer. The amount you enter is the amount you would like to request; it is not an amount that has been approved, reserved or promised, and a funder may offer less, offer different terms, or offer nothing at all.

You are not committed to anything until you sign a Revenue Purchase Agreement with a funder. Reading an offer, asking questions about it and declining it costs you nothing.

4. No guarantee and no advance fee

The service is free to you. There is no fee to use this site, no fee to submit a request and no fee from us at any later stage. We will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone contacts you claiming to be FundSpring and asks for an up-front payment, a gift card, a wire transfer or a prepaid card, it is not us. Stop, and report it to us at help@fundspring.net.

We may be compensated by a funder when a request we transmit results in a funded advance. That compensation may influence which funders receive your request and in what order. It is never paid by you to us.

5. How your information is used and shared

By submitting a request you authorize us to share the information you provide about you and your business with third-party funders in our network, with marketing partners, and with service providers who help us operate the site, for the purpose of connecting your business with possible funding. Our Privacy Policy explains what we collect and what your rights are.

Once your information reaches a funder, that funder handles it under its own privacy policy, not ours. We have no control over what a funder does with your information after it is transmitted, and we are not responsible for a funder’s privacy or security practices.

6. Consent to be contacted

By submitting a request you agree that FundSpring, the third-party funders we transmit your request to, our marketing partners and their agents may contact you at the telephone number and email address you provided, including by automatic telephone dialing system, artificial or prerecorded voice, and SMS text message, about your request and about related commercial funding products and services.

What the messages are for. Verification of the email address or telephone number you gave us, status and account updates on a request you have submitted, an alert where something needs your attention, replies to questions you send us, and information about funding options that may be available to your business. Some are promotional and some are informational; your consent covers both.

How often. Message frequency varies. How many messages you receive depends on how you interact with us and on the status of your request; we do not send on a fixed schedule. Message and data rates may apply depending on your provider.

This consent is not a condition of any purchase or of any funding. You may withdraw it at any time: reply STOP to a text message, use the unsubscribe link in any email, visit our unsubscribe page, or write to help@fundspring.net. We also honor the one-click unsubscribe control offered by most mail providers. Withdrawing consent from us does not withdraw it from a funder you were connected with; contact that funder directly.

Help. Reply HELP to a text message, email help@fundspring.net or call (614) 712-0468. The full terms of the email program are in our Email Communications Terms.

7. Soft inquiry and verification

Checking your funding options through this site is a soft inquiry and does not affect your credit score. A funder you are connected with may, with your authorization, verify your business, review its bank account activity through a third-party connection provider, and obtain information about the business and its owners in order to evaluate the request. Any such review is the funder’s, is made under the funder’s own authorization, and is described in its own documents. Ask the funder before you authorize it. We do not store bank login credentials.

8. Pricing and remittance of purchased receipts

Advances requested through this site range from $100 to $5,000. The purchase price, the factor, the total amount to be remitted and any fees are set entirely by the funder and vary with the funder, the business’s revenue and history, the amount and the state. Any figure shown on this site, including any estimate produced by the interactive estimator, is an illustrative example produced by arithmetic on a stated factor; it is not an offer, not a quote and not an average of our network.

If you accept an offer, delivery of the purchased future receipts is typically made through scheduled electronic debits from the business operating account, either as a share of daily or weekly receipts or as fixed amounts. Because a merchant cash advance is a purchase of future receivables and not a loan, remittances may fluctuate with the business’s actual revenue. You will authorize these transfers separately in the funder’s Revenue Purchase Agreement, which sets out the remittance method, your reconciliation rights and how to manage your authorizations.

9. Restricted jurisdictions

The service is not available in every state, and availability and terms vary by state and by funder. Requests are not accepted from businesses located in California and New York, which have their own commercial financing disclosure laws. Whether your business can be matched, and with which funder, depends on the participating funders in our network at the time of your request. Requests from jurisdictions where the service is not offered will be declined.

FundSpring does not provide funding. Each funder in our network is responsible for its own licensing or registration and for its compliance with the laws of the states in which it operates.

10. Your obligations

You agree that the information you submit is true, accurate and complete, that you are authorized to submit it for the business, and that you will keep it up to date. You agree not to use the site to submit false or fraudulent information, to submit a request for a business you are not authorized to represent, to scrape, probe or interfere with the site or its security, to use it in a way that breaks any law, or to reverse engineer any part of it.

11. Intellectual property

The site, its design, its text, its marks and its code belong to FundSpring LLC or its licensors and are protected by law. You may view and print pages for the purpose of evaluating our service. You may not copy, republish, sell or adapt any part of the site without our written permission.

12. No warranties

The site is provided “as is” and “as available” and we make no warranty of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the site will be uninterrupted or error free, that any request will reach any funder, that any funder will respond, or that any agreement you sign carries the best available terms. Information on the site is general and is not financial, legal or tax advice.

Any link to a third-party website is provided for convenience only. We do not control those sites and are not responsible for their content, their products or their practices.

13. Limitation of liability

To the fullest extent permitted by law, neither FundSpring LLC nor its members, officers, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with your use of the site or your dealings with any funder, whether based in contract, tort, statute or otherwise, even if we were advised of the possibility. Our total liability for any claim relating to the site will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited under applicable law, and some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

14. Indemnity

You agree, on behalf of yourself and the business you represent, to indemnify and hold FundSpring LLC harmless from any claim, loss or expense (including reasonable legal fees) arising from information you submit that is false, from your breach of these Terms, or from your violation of any law or of the rights of a third party.

15. Disputes and arbitration

Most concerns can be resolved quickly. Before starting any formal proceeding, please write to help@fundspring.net and give us 30 days to try to resolve the matter with you.

If we cannot, you and we agree that any dispute arising out of or relating to these Terms or to your use of the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Franklin County, Ohio, or by telephone or video. Either of us may instead bring an individual claim in small claims court if it qualifies.

You and we each waive any right to bring or participate in a class, collective or representative action. The arbitrator may award relief only in favor of the individual party seeking relief.

You can opt out, and it costs you nothing. Write to help@fundspring.net with the subject line “Arbitration Opt-Out” within 30 days of your first use of the site. Rejecting this section changes nothing else in these Terms.

This arbitration agreement does not apply to any dispute between you and a funder. The funder’s Revenue Purchase Agreement governs that relationship.

16. Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. Subject to section 15, you and we consent to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio.

17. Electronic communications

By using the site you consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing. See our E-Sign Consent for the detail, including how to withdraw that consent and how to ask for a paper copy.

18. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

19. Contact

FundSpring LLC
175 South Third Street, Suite 1000
Columbus, Ohio 43215
help@fundspring.net · (614) 712-0468