Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the website and online application at keyfunding.net, operated by Key Funding Holdings LLC, doing business as KeyFunding ("KeyFunding," "we," "us," or "our"), together with any related pages, tools, and services (collectively, the "Site"). By accessing the Site or submitting a funding request, you agree to these Terms, our Privacy Policy, our E-Sign Consent, and our SMS Messaging Terms, each incorporated by reference. If you do not agree, please do not use the Site or apply.

1. Who We Are and What We Offer

KeyFunding offers revenue-based financing in the form of a merchant cash advance ("MCA"). A merchant cash advance is a purchase of a portion of your business's future receivables in exchange for funds provided up front. It is not a loan, and the amounts you remit are not interest; pricing is expressed as a fixed cost rather than an annual percentage rate. Depending on your situation and eligibility, we may provide funding and/or help connect you with one or more third-party funding sources.

Where a third party provides the funding, that funder's own agreement governs that transaction. When acting as a connection provider or marketplace, KeyFunding is not a party to the final revenue purchase agreement executed between you and the third-party purchaser, and we expressly disclaim any liability arising from those third-party agreements. We do not guarantee that any final agreement is the best available or has the best terms or rates.

2. Eligibility — Business Use Only

KeyFunding's products are offered only to self-employed individuals who operate a business and to small businesses, and only for commercial purposes. They are not a consumer product, are not offered to individuals in a personal capacity, and are not intended for personal, family, or household use.

To use our application, you must be a United States citizen or legal permanent resident, at least 18 years old, and authorized to act on behalf of the business you are applying for. We generally look for a business that has been operating with consistent activity and steady average monthly business revenue. Meeting these criteria does not guarantee that you will receive an offer.

By applying, you certify that you are applying on behalf of a validly formed 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 the requested funds will be used solely for commercial, business, or agricultural purposes. Applications submitted for personal or consumer purposes are not eligible and will be declined.

3. Applications, Offers, and No Guarantee of Funding

Submitting an application or information through the Site is a request to be considered; it is not an agreement, an offer of funding, or a guarantee that funding will be provided. We (or a funding source) review each request individually, and any offer is subject to review and verification. We do not charge a fee to submit an application, and we will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone claiming to represent KeyFunding asks you to pay money up front to obtain funding, do not pay it and please report it to us immediately.

4. No Credit-Score Impact to Check Your Options

Reviewing your funding options uses a soft inquiry and does not affect your personal credit score. Verification steps performed after you accept an offer may involve additional review of your business and its owners.

5. Information You Provide

You agree that the information you give us is true, accurate, and complete, and that you will keep it current. Providing false information may result in denial and may be unlawful. You authorize us to use the information you provide to evaluate your request, including, where applicable, by securely reviewing your business account activity through a third-party connection provider; we do not store your bank login credentials. By submitting your information, you allow KeyFunding, third-party purchasers, and marketing partners to contact you about related funding products and services, as further described at sign-up, in our SMS Messaging Terms, and in our Privacy Policy.

6. Remittance of Purchased Receipts

If you accept a funding offer, the delivery of your purchased future sales receipts is typically executed through scheduled electronic debits from your business operating account. Because this is a purchase of future receivables and not a loan, remittances fluctuate based on your actual business revenue. You will authorize these electronic transfers separately as part of your revenue purchase agreement, which will detail the remittance method, reconciliation rights, and how to manage authorizations in compliance with applicable commercial law.

7. Restricted Jurisdictions

Our commercial funding products are not available in all jurisdictions. Availability, eligibility, and terms vary by state and by the location where your business is physically located or principally managed. Applications originating from jurisdictions where we do not offer our products, or where our products are not permitted, will be declined. Please contact us if you have questions about availability in your area.

8. Communications and Electronic Records

By providing your contact information, you agree we, third-party purchasers, and marketing partners may contact you about your request as described at sign-up and in our SMS Messaging Terms. You also agree to receive records and disclosures electronically and to sign documents electronically as described in our E-Sign Consent. Your information is handled according to our Privacy Policy.

9. Acceptable Use of the Site

You agree to use keyfunding.net only for lawful commercial purposes and not to interfere with its operation, attempt to gain unauthorized access, submit another person's or business's information without authority, use automated tools to scrape or collect data, or use the Site to deceive. We may suspend or limit access if we reasonably believe the Site is being misused.

10. Intellectual Property

The Site, its content, and the KeyFunding name and logo are owned by us or our licensors and are protected by law. You may use the Site for the legitimate purpose of evaluating and requesting our services, but you may not copy, reproduce, or redistribute its content without our permission.

11. Disclaimers

The Site and its content are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim warranties of any kind regarding the Site, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, or that you will be matched with a funder or receive funding. Information on the Site is general and does not constitute financial, legal, or tax advice.

12. Limitation of Liability

To the fullest extent permitted by law, KeyFunding will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or any interaction with or funding obtained from a third-party purchaser. Our maximum aggregate liability for all claims arising out of or relating to the Site shall not exceed the greater of one hundred dollars ($100.00) or the total amount you have paid to KeyFunding in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits any liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless KeyFunding, its affiliates, owners, and employees against any and all liability, expenses, losses, damages, actions, claims, and proceedings, including reasonable attorneys' fees, arising out of or relating to your use of the Site, any information you submit that is false or unauthorized, any unlawful use of the Site or our services, or any dispute between you and a third-party purchaser.

14. Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws provisions. The state and federal courts located in Bernalillo County, New Mexico, have exclusive jurisdiction over any dispute not subject to arbitration below.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Any dispute arising out of or relating to these Terms or your use of keyfunding.net will first be addressed in good faith for sixty (60) days after written notice. You may send that notice to: Key Funding Holdings LLC, Attn: Legal, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110.

15.2 Binding Arbitration

If a dispute is not resolved within sixty (60) days, it will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, seated in Bernalillo County, New Mexico, and governed by the Federal Arbitration Act. The arbitrator's decision is final and binding, subject to limited review under the FAA.

15.3 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 or class-wide arbitration, and you waive any right to a trial by jury.

15.4 Time Limitation

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

16. SMS Communications

Purpose. With your consent, KeyFunding and its partners send text messages about your funding request, account and status updates, servicing notices, and related offers.

Frequency. Message frequency varies based on your activity and the status of your request, up to approximately 12 messages per month.

Costs. Message and data rates may apply depending on your mobile carrier and plan.

Opt out and help. You can opt out at any time by replying STOP, and reply HELP for assistance. Enrolling in text messages is not a condition of any funding. For full details, see our SMS Messaging Terms, or contact support@keyfunding.net or +1 (877) 416-4725.

17. Changes to These Terms

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

18. Contact

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