Terms of Service

By accessing, browsing, registering for, or using our website or services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our website or services.

Your use of our services constitutes your electronic signature and affirmative agreement to these Terms, as permitted under the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA).

These Terms apply to all visitors, users, applicants, and others who access or use our services.

To use our services and submit a financing application, you represent and warrant that you:

• Are at least 18 years of age and have the legal capacity to enter into binding contracts;
• Are a legal resident of the United States or a business entity organized under the laws of the United States;
• Own or have the legal authority to act on behalf of the business seeking financing, including authority to submit an application, provide personal and business financial information, and bind the business to any resulting financing agreement;
• Are not prohibited from receiving financial services under any applicable law, including U.S. economic sanctions or anti-money laundering regulations;
• Are not acting on behalf of, or for the benefit of, any sanctioned person or entity; and
• Will not use our services for any illegal, fraudulent, or unauthorized purpose.

If you are accessing or using our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the entity agrees to be responsible for your actions and omissions.

Goldwyn Financial Group provides business financing solutions, which may include but are not limited to: working capital financing, business lines of credit, revenue-based financing, SBA loans, equipment financing, and inventory funding. We act as a financial services provider and may, in certain circumstances, act as a broker or arranger connecting applicants with lending partners, financial institutions, or investors.

3.1 Not a Lender Disclosure: Goldwyn Financial Group is not a bank or depository institution. Depending on the specific product and transaction, we may serve as the direct provider of financing, a broker, or an arranger. When we act as a broker, the actual financing will be provided by a third-party lending partner. We will disclose our role and the identity of the financing party in the specific financing agreement provided to you upon approval.

3.2 No Guarantee of Funding: Submitting an application does not constitute a commitment or guarantee that financing will be offered or provided. All applications are subject to our underwriting criteria and approval process, and we reserve the right to decline any application at our sole discretion, without providing a reason.

3.3 Services May Change: We reserve the right to modify, suspend, or discontinue any aspect of our services, including the types of financing products offered, at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our services.

4.1 Information Accuracy: You agree to provide accurate, current, complete, and truthful information in your financing application and all related communications. You represent and warrant that all information, documents, and data submitted to us are authentic, accurate, and complete. Providing false, misleading, incomplete, or fraudulent information may result in immediate denial of your application, termination of any existing financing, acceleration of outstanding obligations, and potential civil and criminal liability, including under applicable fraud statutes.

4.2 Authorization to Verify: You authorize Goldwyn Financial Group and its lending partners to: (a) verify all information and documents you submit, including through third-party verification services; (b) obtain consumer reports (credit reports) from consumer reporting agencies (such as Experian, Equifax, and TransUnion) for both personal and business credit evaluation purposes; (c) perform identity verification, fraud screening, and anti-money laundering (AML) / Know Your Customer (KYC) checks; (d) contact your bank, financial institutions, and references to verify the information provided; and (e) share your information with lending partners for the purpose of evaluating your application.

4.3 Document Requirements: We may request additional documentation during the application review process, including but not limited to bank statements (typically 4 months), personal and business tax returns, profit and loss statements, balance sheets, debt schedules, business licenses, and government-issued identification. Failure to provide requested documentation may result in delays or denial of your application.

4.4 Credit Check Authorization: By submitting an application, you authorize us and our lending partners to obtain your personal and/or business credit report(s) from one or more consumer reporting agencies. This may result in a hard inquiry on your credit report, which could affect your credit score. You understand and agree that credit reports may be obtained at any time during the application process and throughout the term of any financing relationship, including for purposes of account review, renewal, or collection.

4.5 Ongoing Obligation to Update: You agree to promptly notify us of any material changes to the information provided in your application, including changes to your business name, address, ownership, contact information, or financial condition, that occur after submission and before or during the term of any financing agreement.

5.1 Separate Agreement: If your application is approved, the specific terms of your financing — including the funded amount, factor rate or interest rate (APR), total payback amount, payment amount, payment frequency (daily, weekly, or monthly), term length, origination fees, and any other fees — will be set forth in a separate financing agreement provided to you at the time of approval. Those specific terms will govern your financing and supersede any conflicting provisions in these Terms.

5.2 Acceptance of Terms: By accepting the financing, you agree to be bound by all terms and conditions set forth in the financing agreement. You are responsible for reading and understanding all terms before signing.

5.3 Repayment Obligations: If approved and funded, you agree to:

• Make all payments on time and in full according to the agreed-upon schedule, whether daily, weekly, or monthly;
• Maintain sufficient funds in your designated bank account to cover all scheduled payments;
• Pay all applicable fees, including origination fees, late payment fees, returned payment (NSF) fees, and collection costs as outlined in your financing agreement;
• Notify us immediately of any changes to your banking information, business operations, or contact details;
• Not close, drain, or modify your bank account in a manner that would prevent scheduled payments from processing; and
• Comply with all terms, conditions, covenants, and obligations set forth in your financing agreement.

5.4 Default: You will be in default of your financing agreement if, among other things: (a) you fail to make any payment when due; (b) you breach any representation, warranty, or covenant in your financing agreement or these Terms; (c) you provide false or misleading information; (d) you become insolvent, file for bankruptcy, or have bankruptcy filed against you; (e) a creditor attaches or levies your assets; or (f) you dissolve or cease business operations. Upon default, we and/or our lending partners may, at our sole discretion and as permitted by the financing agreement and applicable law: accelerate all outstanding obligations, terminate any financing facility, initiate collection proceedings, report to credit bureaus, and exercise any other remedies available at law or in equity.

5.5 Prepayment: The terms governing early repayment or prepayment of your financing, including whether prepayment discounts apply, will be specified in your financing agreement.

5.6 Automatic Payments: You authorize us and/or our lending partners to initiate electronic debits (ACH) from your designated bank account for all scheduled payments. You understand that payments may be processed automatically without additional notice.

The fees, rates, and costs associated with any financing provided through our services will be disclosed in the financing agreement. These may include:

• Factor Rate or Interest Rate (APR): The cost of financing, expressed as a factor rate or annual percentage rate, which varies based on your credit profile, business financials, time in business, industry, and other risk factors;
• Origination Fees: A one-time fee charged at the time of funding;
• Late Payment Fees: Fees charged for payments not received when due;
• Returned Payment (NSF) Fees: Fees charged for payments that are returned due to insufficient funds;
• Collection Costs: Reasonable costs incurred in collecting past-due amounts, including attorney's fees where permitted by law; and
• Other Fees: As disclosed in your specific financing agreement.

You are responsible for reviewing and understanding all fees and costs before accepting any financing. We encourage you to ask questions and seek independent financial or legal advice if you do not understand any term.

7.1 Consent to Receive SMS: By providing your mobile phone number and opting in, you expressly consent to receive automated text messages from Goldwyn Financial Group and its lending partners. Messages may include application updates, approval notifications, payment reminders, account information, and marketing/promotional communications. Consent is not a condition of any purchase. Reply STOP to unsubscribe, HELP for help. Msg & data rates may apply.

7.2 Message Frequency: Message frequency varies based on your account activity. You may receive approximately 2–10 messages per month.

7.3 Opt-Out: You may opt out at any time by texting STOP to any message from us. You will receive a confirmation message. After opting out, you will no longer receive SMS messages unless you re-subscribe. For help, text HELP or call (929) 509-2578.

7.4 Message & Data Rates: Standard message and data rates may apply. Contact your mobile carrier for details.

7.5 Supported Carriers: Our SMS service works with all major US carriers including AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, and others.

7.6 Telephone Consumer Protection Act (TCPA): By providing your telephone number(s), you expressly consent to receive calls and text messages (including auto-dialed and pre-recorded/artificial voice messages) at the number(s) provided, including from Goldwyn Financial Group and its lending partners and assigns, regarding your application, account, and repayment. This consent applies regardless of whether the number is on any state or federal Do Not Call registry, and supersedes any prior Do Not Call designation for the number(s) you provide.

7.7 No Mobile Information Sharing: We do not share your mobile phone number with third parties for their marketing purposes without your explicit consent.

You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to:

• Submit false, inaccurate, incomplete, misleading, or fraudulent information in any application or communication;
• Use our services for any illegal, fraudulent, or unauthorized purpose, including money laundering, terrorism financing, or violations of U.S. economic sanctions;
• Impersonate any person or entity, or falsely represent your affiliation with a person or entity;
• Attempt to gain unauthorized access to any part of our website, systems, networks, or data;
• Interfere with or disrupt the operation of our website or services, including through the use of viruses, malware, bots, scrapers, or other harmful code;
• Use any automated means (including robots, spiders, or scrapers) to access or collect data from our website without our express written permission;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our website or services for any commercial purpose without our prior written consent;
• Reverse engineer, decompile, or disassemble any software or technology used in our services;
• Engage in any conduct that could damage, disable, overburden, or impair our servers or networks; or
• Use our services to apply for financing on behalf of another person without their knowledge and authorization.

All content, features, and functionality of our website and services — including but not limited to text, graphics, logos, designs, data, software, interfaces, and the overall look and feel — are the exclusive property of Goldwyn Financial Group and its licensors, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or use any content from our website without our prior written consent, except as necessary to view and use our website for its intended purpose.

"Goldwyn Financial Group" and all related marks, logos, and trade names are trademarks of Goldwyn Financial Group. All other trademarks, service marks, and trade names appearing on our website are the property of their respective owners.

10.1 "As Is" and "As Available" Basis: Our website and services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, Goldwyn Financial Group and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 No Warranty of Results: We do not warrant that: (a) our services will meet your requirements or expectations; (b) your application will be approved; (c) any financing will be provided on specific terms or at all; (d) our website will be uninterrupted, timely, secure, or error-free; or (e) any information or results obtained through our services will be accurate, reliable, or complete.

10.3 No Financial or Legal Advice: The information and content provided on our website and through our services is for general informational purposes only and does not constitute financial, investment, legal, tax, or accounting advice. You should not rely on any information provided by us as a substitute for professional advice. We recommend that you consult with qualified financial, legal, and tax advisors before making any financial decisions or entering into any financing agreement.

10.4 Third-Party Content: Our website may contain links to or content from third parties. We do not control, endorse, or assume any responsibility for any third-party content, products, or services. You acknowledge that we shall not be liable for any damage or loss caused by your use of or reliance on any third-party content.

10.5 Use at Your Own Risk: You use our website and services at your own risk, and you will be solely responsible for any damage to your device, data, or business resulting from such use.

11.1 Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Goldwyn Financial Group, its affiliates, officers, directors, employees, agents, partners, lending partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for lost profits, lost revenue, lost business, lost data, business interruption, or other commercial damages or losses, arising out of or in any way connected with your use of (or inability to use) our website, services, or any financing obtained through our services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been advised of the possibility of such damages.

11.2 Cap on Liability: To the maximum extent permitted by applicable law, the total aggregate liability of Goldwyn Financial Group and its affiliates for all claims arising out of or relating to these Terms or our services, regardless of the form of action, shall not exceed the greater of: (a) the total fees paid by you to Goldwyn Financial Group in the three (3) months preceding the event giving rise to the claim, or (b) fifty U.S. dollars ($50.00).

11.3 Essential Basis: The limitations and exclusions in this Section 11 apply even if any remedy fails of its essential purpose.

You agree to defend, indemnify, and hold harmless Goldwyn Financial Group, its affiliates, officers, directors, employees, agents, partners, and lending partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or inability to use our website or services;
• Your breach or alleged breach of these Terms or any representation or warranty you make herein;
• Your violation of any applicable law or the rights of any third party;
• The accuracy, completeness, or truthfulness of any information or documents you submit;
• Any financing agreement entered into through our services and your performance or non-performance thereunder; and
• Any fraudulent, negligent, or willful act or omission by you.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent.

13.1 Informal Resolution: Before initiating any arbitration or legal proceeding, the parties agree to first attempt to resolve any dispute informally. The party initiating the dispute must provide written notice to the other party describing the nature of the dispute and the relief sought. The parties will have sixty (60) days from receipt of such notice to resolve the dispute informally.

13.2 Binding Arbitration: Except for disputes that may be resolved in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, our services, or any financing obtained through our services (including the interpretation, validity, enforcement, or breach thereof) shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if applicable) then in effect. The arbitration shall be conducted before a single arbitrator. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver: You and Goldwyn Financial Group agree that each party may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, representative, or private attorney general action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If a court determines that this class action waiver is unenforceable, then the entirety of Section 13 (Dispute Resolution) shall be null and void, and the dispute shall be resolved in court.

13.4 Location and Language: Arbitration shall take place in New York County, New York, and shall be conducted in the English language. You and we submit to the personal jurisdiction of the state and federal courts located in New York County, New York, for any proceedings not subject to arbitration or for post-arbitral proceedings.

13.5 Governing Law: These Terms and any dispute arising out of or relating to them 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.6 Waiver of Jury Trial: To the extent any dispute is not resolved through arbitration as provided above, you and Goldwyn Financial Group hereby knowingly, voluntarily, and intentionally waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or our services.

13.7 Acknowledgment: By agreeing to these Terms, you understand and agree that you are giving up your right to bring a claim in court or to have a jury decide your claim, and that you are giving up your right to participate in a class action or class-wide arbitration.

By using our services, you consent to receive communications from us electronically, including via email, SMS, and through our website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that your electronic signature (including checking a box, typing your name, or clicking "I agree" or "Submit") has the same legal effect as a handwritten signature, as provided under the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA). You acknowledge that you have the hardware and software necessary to access and retain electronic records, and you consent to receiving all documents and records related to your application and financing in electronic form.

Our collection, use, and disclosure of your personal and financial information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the data practices described in our Privacy Policy.

Our website and services may contain links to or integrate with third-party websites, services, applications, or tools that are not owned or controlled by Goldwyn Financial Group. We are not responsible for the content, accuracy, practices, or availability of any third-party sites or services. Your interactions with third parties are solely between you and the third party, and we are not liable for any damage or loss resulting from such interactions. You should review the terms and privacy policies of any third-party services you use.

You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment in violation of this Section shall be null and void.

Goldwyn Financial Group may freely assign, transfer, delegate, or sublicense these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law. Any financing agreement entered into through our services may also be assigned by us or our lending partners to third parties, including assignees, securitization vehicles, or investors, without prior notice to you.

Goldwyn Financial Group shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions, labor disputes, internet or telecommunications failures, power outages, equipment failures, cyberattacks, or any other force majeure event. We will use commercially reasonable efforts to resume performance as soon as reasonably practicable after the force majeure event ends.

We reserve the right to modify, update, or revise these Terms of Service at any time, at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this document and, where appropriate, provide a more prominent notice (such as on our website homepage or via email). Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our services immediately.

We are not obligated to provide notice of non-material changes. It is your responsibility to review these Terms periodically for changes.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Sections relating to disclaimers, limitation of liability, indemnification, intellectual property, dispute resolution, and any other provisions that by their nature should survive termination shall survive any termination or expiration of these Terms.

These Terms, together with our Privacy Policy and any specific financing agreement you enter into, constitute the entire agreement between you and Goldwyn Financial Group with respect to your use of our services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.