Terms of Use

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

1. Who we are and what we offer

FundBrief offers revenue-based financing in the form of a merchant cash advance (“MCA”). A merchant cash advance is the purchase of a portion of your business’s future receivables in exchange for funds provided up front. It is not a loan, the amounts you remit are not interest, and pricing is expressed as a fixed cost rather than an annual percentage rate. Depending on your situation and eligibility, we may provide funding and we may also 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, FundBrief 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 are not a bank, and we do not guarantee that any final agreement is the best available or carries the best terms or rates.

2. Eligibility and commercial use only

Our 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 request form you must be a United States citizen or legal permanent resident, at least 18 years old, and authorised to act on behalf of the business you are applying for. We generally look for a business that has been trading for at least 3 months with average monthly revenue of at least $5,000 and one business bank account. Meeting these criteria does not guarantee that you will receive an offer.

By submitting a request 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. Requests submitted for personal or consumer purposes are not eligible and will be declined.

3. Requests, offers, and no guarantee of funding

Submitting information through our 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 a request, and we will never ask you to pay a fee in advance in exchange for a promise of funding.

4. No credit-score impact to check

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

5. Information you provide and consent to contact

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 authorise 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 us, third-party purchasers and marketing partners to contact you about related funding products and services, as further described at the point of sign-up, in our Email Communications Terms and in our Privacy Policy.

6. Remittance of purchased receipts

If you accept a funding offer, 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 with your actual business revenue. You will authorise these electronic transfers separately as part of your Revenue Purchase Agreement, which will detail the remittance method, your reconciliation rights, and how to manage authorisations in compliance with applicable commercial law.

7. Restricted jurisdictions

Our commercial funding products are not available in all states, and availability and terms vary by state and by location. They are not offered in California or New York. Whether you qualify, and with which funding source, depends on the participating funders in our network at the time of your request. Requests originating from jurisdictions where a given product is not offered will be declined.

8. Communications and electronic records

By providing your contact information you agree that we may contact you about your request as described at sign-up and in our Email Communications Terms. You also agree to receive records and disclosures 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 fundbrief.net only for lawful purposes, and not to interfere with its operation, attempt to gain unauthorised access, submit another person’s or business’s information without authority, 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 FundBrief 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, and we do not warrant the products, terms or conduct of any funding source in our network. Information on the site is general and does not constitute financial, legal or tax advice. Any figures shown on this site, including any estimate produced by an interactive tool, are illustrative only and are not an offer or a decision.

12. Limitation of liability

To the fullest extent permitted by law, FundBrief will not be liable for indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of the site or your dealings with any funding source in our network. Nothing in these Terms limits any liability that cannot be limited under applicable law.

13. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws provisions. The state and federal courts located in Denver County, Colorado have exclusive jurisdiction over any dispute not subject to arbitration under the following section.

14. Dispute resolution and arbitration

Any dispute arising out of or relating to these Terms or your use of fundbrief.net will first be addressed in good faith for 60 days after written notice. If it is not resolved, the dispute will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Denver County, Colorado. You and FundBrief each waive any right to bring or participate in a class action. Any claim must be filed within one (1) year after the claim arises, or it is permanently barred.

15. Indemnification

You agree to indemnify and hold harmless FundBrief, 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 or any unauthorised or unlawful use of the site or our services.

16. Email communications

Purpose. With your consent, FundBrief sends email about your funding request, status and servicing updates, and related commercial funding offers.

Frequency. Email frequency varies based on your activity and the status of your request.

Costs. Message and data rates may apply depending on your email or internet provider.

Unsubscribe and help. You can opt out at any time using the unsubscribe link in any email or by visiting our unsubscribe page. For help, email support@fundbrief.net or call +1 (303) 555-0182. These communications are email based. FundBrief does not send marketing by SMS text message.

17. 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.

18. Contact

FundBrief LLC
1200 17th Street, Suite 970
Denver, Colorado 80202
support@fundbrief.net · +1 (303) 555-0182