Terms of Service
Last Updated: January 1, 2025
1. Acceptance of Terms
By accessing or using the SUMMIT Merchant Solutions website and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
2. Description of Services
SUMMIT Merchant Solutions is a financial technology company that connects small businesses with funding opportunities, including merchant cash advances, business loans, lines of credit, and equipment financing. We act as an intermediary between businesses and lending partners.
Important: SUMMIT Merchant Solutions is not a bank. Banking and lending services are provided by our partner financial institutions.
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal authority to bind your business to these Terms
- Operate a legitimate business in the United States
- Provide accurate and complete information in your application
4. Application Process
4.1 Submission
When you submit a funding application through our Services, you authorize us to:
- Verify the information you provide
- Obtain credit reports and business information
- Share your application with lending partners
- Contact you via phone, email, or text message
4.2 No Guarantee
Submitting an application does not guarantee approval or funding. Approval is subject to underwriting criteria established by our lending partners.
4.3 Accuracy of Information
You represent and warrant that all information provided in your application is true, accurate, and complete. Providing false or misleading information may result in denial of your application and potential legal consequences.
5. Fees and Costs
There is no fee to submit an application through SUMMIT Merchant Solutions. However, if you are approved for funding, the lending partner may charge fees, interest, or factor rates as disclosed in your funding agreement.
You are responsible for reviewing and understanding all terms, rates, and fees before accepting any funding offer.
6. Intellectual Property
All content on the SUMMIT Merchant Solutions website, including text, graphics, logos, images, and software, is the property of SUMMIT Merchant Solutions or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.
7. User Conduct
You agree not to:
- Use our Services for any unlawful purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our Services
- Upload viruses, malware, or harmful code
- Impersonate any person or entity
- Harvest or collect user information without consent
8. Third-Party Links and Services
Our website may contain links to third-party websites or services that are not owned or controlled by SUMMIT Merchant Solutions. We are not responsible for the content, privacy policies, or practices of any third-party sites.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMIT MERCHANT SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
11. Indemnification
You agree to indemnify, defend, and hold harmless SUMMIT Merchant Solutions and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of our Services or violation of these Terms.
12. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
13. 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.
14. 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 principles.
Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SUMMIT Merchant Solutions regarding your use of our Services.
18. Contact Information
If you have questions about these Terms of Service, please contact us:
SUMMIT Merchant Solutions
Email: info@summitmerchantsolutions.com
Phone: (833) 588-7671
Hours: Monday – Friday, 9:00 AM – 7:30 PM ET