Terms of Service

Introduction

Key Funding Holdings LLC, doing business as KeyFunding ("we," "us," or "our"), owns and operates the products and services (the "Services") available through keyfunding.net and any related websites or mobile applications (collectively, the "Site").

These Terms of Service (the "Terms") govern your access to and use of the Site and Services. By accessing or using the Site, you agree to be bound by these Terms, our Privacy Policy, and our GLBA Privacy Policy, each of which is incorporated by reference. If you do not agree, you must discontinue use of the Site and Services immediately.

1. Eligibility

The Site and Services are available only to individuals who are (a) at least 18 years of age (or the age of majority in your state of residence, whichever is greater), (b) legally capable of entering into binding contracts under applicable law, and (c) legal residents of the United States. By using the Site, you represent and warrant that you meet all eligibility requirements.

2. Account Registration and Security

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information during registration and keep it up to date
• Keep your username and password secure and not share them with any third party
• Notify us immediately at support@keyfunding.net if you suspect any unauthorized access to or use of your account

You are fully responsible for all actions taken through your account until you notify us of a security breach.

3. Acceptable Use and Conduct

When using the Site and Services, you agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Use the Site and Services only for lawful, personal, non-commercial purposes
• Respect the rights, privacy, and dignity of other users and third parties
• Not attempt to gain unauthorized access to any portion of the Site, other accounts, or systems connected to the Site
• Not use automated tools (bots, scrapers, crawlers) to access or collect data from the Site without our written permission
• Not introduce viruses, malware, or other harmful code to the Site

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including terminating their access to the Site and Services.

4. Consent to Be Contacted

By providing your contact information, creating an account, or submitting an application through the Site, you expressly consent to KeyFunding and its authorized service providers contacting you by:

• Telephone calls, including calls made using automatic telephone dialing systems or pre-recorded/artificial voice messages
• Text messages (SMS/MMS)
• Email
• Postal mail

at any telephone number, email address, or physical address you have provided to us, for purposes related to your application, account servicing (including payment reminders and collections), and marketing. This consent applies even if the number you provide is on a federal, state, or internal Do Not Call list.

You may modify your contact preferences at any time by signing in to your account, contacting customer service, or using the unsubscribe mechanism provided in any marketing communication.

5. Your Content

If you submit, upload, or transmit any content to the Site (including documents, messages, or information submitted through third-party integrations), you represent that you own or have the necessary rights to submit such content and that it does not violate any law or these Terms. You grant KeyFunding a non-exclusive, royalty-free, worldwide license to use, store, and process your content solely for the purpose of providing and improving our Services.

6. Intellectual Property

All content, trademarks, logos, service marks, trade names, and other intellectual property displayed on the Site (collectively, "Marks") are the property of KeyFunding or its licensors. You may not copy, reproduce, distribute, modify, display, publish, license, or create derivative works from any Marks or content on the Site without our prior written permission.

7. Service Availability

Our lending products may not be available in all states. Eligibility, loan amounts, rates, and terms vary by state of residence. We reserve the right to modify, suspend, or discontinue any portion of the Site or Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

8. Site Security

We use industry-standard physical, technical, and administrative controls designed to protect your information. However, no internet-based environment is 100% secure. While our Site uses encryption, communications sent to us outside the Site (such as standard email) may not be encrypted. We cannot guarantee that your information will be protected against every possible unauthorized access, disclosure, alteration, or destruction.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by KeyFunding. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites. You access linked sites at your own risk and should review their terms and privacy policies independently.

10. Copyright Notices (DMCA)

If you believe that content on the Site infringes your copyright, you may submit a notice of claimed infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to: support@keyfunding.net. Please include a description of the copyrighted work, the location of the allegedly infringing material, and your contact information.

11. Disclaimer of Warranties

The Site and Services, including all information and content available through them, are provided "as is" and "as available" without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for evaluating the suitability of the Site and Services for your needs.

12. Limitation of Liability

To the fullest extent permitted by law, KeyFunding shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, or goodwill, arising out of or relating to your access to or use of (or inability to access or use) the Site or Services. Our maximum aggregate liability for all claims arising out of or relating to the Site or Services shall not exceed the greater of fifty dollars ($50.00) or the total amount you have paid to KeyFunding in the twelve (12) months preceding the event giving rise to the claim.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal proceeding, you and KeyFunding agree to first attempt to resolve any dispute informally for at least sixty (60) days. You may initiate this process by sending a written description of your dispute and desired resolution to:

Key Funding Holdings LLC, Attn: Legal, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110

13.2 Binding Arbitration

If a dispute cannot be resolved informally within sixty (60) days, you and KeyFunding agree that the dispute will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules, governed by the Federal Arbitration Act. The arbitrator's decision shall be final and binding, subject to limited review under the FAA.

For disputes involving $25,000 or less, the arbitration will be conducted by telephone or written submissions unless the arbitrator determines that an in-person hearing is necessary. In-person hearings shall take place in Bernalillo County, New Mexico.

13.3 Class Action and Jury Trial Waiver

You and KeyFunding each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against KeyFunding. You also waive any right to a trial by jury.

13.4 Military Servicemember Exception

The arbitration and class action waiver provisions in Sections 13.2 and 13.3 do not apply if (1) you are a member of the United States Armed Forces or a dependent of such a member covered by the federal Military Lending Act, and (2) the dispute involves the extension of consumer credit.

13.5 Small Claims Court

As an alternative to arbitration, either party may bring an individual action in small claims court in the jurisdiction where you reside, provided the claim falls within that court's jurisdictional limits.

13.6 Time Limitation

Any claim or dispute arising out of or related to these Terms or the Site must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation does not apply to intellectual property disputes.

14. Accessibility and Accommodations

If you have a disability and require reasonable accommodations to access the Site or Services, please contact our customer service team. We are committed to making our services accessible and will work with you to address your needs.

15. Paid-Off and Closed Accounts

After your account has been paid in full and closed, KeyFunding may retain copies of your information as required by law, for recordkeeping purposes, and to prevent fraud.

16. Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New Mexico and applicable federal law, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico.

17. Changes to These Terms

We may revise these Terms at any time by posting an updated version on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

You may reject any future changes to the arbitration provisions in Section 13 by sending written notice to our mailing address within thirty (30) days of the change being posted. If you do so, the most recent version of those provisions prior to the change will continue to apply.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. However, if the severability of any portion of Section 13 would permit class-wide or representative arbitration, Section 13 shall be unenforceable in its entirety.

19. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: support@keyfunding.net
• Phone: +1 (877) 416-4725
• Mail: Key Funding Holdings LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110