Terms of Service
These Terms of Service ("Terms") govern your access to and use of the websites at lendmarket.ai and the LendFlow platform at lendflow.lendmarket.ai, together with any related software, APIs, and services we provide (the "Services"), operated by Lendmarket ("Lendmarket", "we", "us", or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and that entity.
Contents
1. Who can use the Services
You must be at least 18 years old and able to form a binding contract under applicable law. The Services are intended for use by businesses and their authorized representatives. By using the Services, you confirm that the information you provide is accurate and that you are authorized to provide it.
2. Accounts and roles
The LendFlow platform supports three roles: Platform Admin (operated by Lendmarket), Funder, and Merchant. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at security@lendmarket.ai if you believe your account has been compromised.
3. Funders and Merchants
If you are a Funder, you use the Services to originate, underwrite, fund, and service loans to your Merchants. The lending relationship is between you and your Merchants; Lendmarket is your software vendor and acts as a service provider with respect to Merchant data. You are solely responsible for compliance with all laws applicable to your lending business, including disclosures, licensing, anti-money-laundering, fair-lending, and consumer-protection requirements.
If you are a Merchant, your loan agreement is with the Funder, not with Lendmarket. Lendmarket is the operator of the platform that the Funder uses to communicate with you, collect application materials, send you contracts, and process payments. Questions about your specific loan terms should be directed to your Funder.
4. Acceptable use
You will not, and will not permit anyone to:
- Use the Services in violation of any law or regulation;
- Use the Services to send unsolicited messages, spam, or to harass any person;
- Submit information that is false, misleading, or that you do not have the right to submit;
- Reverse-engineer, decompile, or attempt to extract the source code of the Services, except to the extent that applicable law expressly permits;
- Probe, scan, or test the vulnerability of the Services or any related system without our prior written consent;
- Interfere with or disrupt the Services or the servers and networks that host them.
5. Third-party services
The Services rely on third-party providers — including Plaid, DocuSign, Authorize.Net, Twilio, and Anthropic — to deliver core functionality. Use of those providers may be subject to their own terms. We are not responsible for the acts or omissions of third-party providers, but we will use reasonable efforts to maintain reliable integrations with them.
6. Fees and billing
Funder use of the LendFlow platform is governed by a separate written agreement, including subscription tier, deal fees, and any commissions earned. The fees and billing terms in that agreement control. The Services may be made available in trial or beta form, in which case they are provided "as is" and on the terms communicated at signup.
Merchants do not pay Lendmarket directly for use of the platform. Loan repayments are made to the Funder through the payment methods configured on the Merchant's account.
7. Intellectual property
Lendmarket retains all right, title, and interest in and to the Services, including all software, documentation, designs, trademarks, and content we provide. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the purposes described above.
You retain all right, title, and interest in any data and content you submit to the Services. You grant Lendmarket a worldwide, royalty-free license to use, host, store, copy, transmit, and process that data to operate, secure, and improve the Services and to deliver them to you and to the Funders and Merchants you authorize.
8. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDMARKET DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The Services are software tools used by Funders to operate their lending businesses. Lendmarket does not provide legal, financial, tax, or accounting advice. Decisions about whether and how to extend credit are made by Funders, not by Lendmarket.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LENDMARKET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF LENDMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LENDMARKET'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO LENDMARKET IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
10. Indemnification
You will defend, indemnify, and hold Lendmarket harmless from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your breach of these Terms, your violation of law, or your infringement of any third party's rights.
11. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms, if we are required to do so by law, or if continuing to provide the Services to you would expose Lendmarket or other users to harm or legal risk. Sections that by their nature should survive termination will survive.
12. Governing law & disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms at this URL and update the "Last updated" date above. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
14. How to contact us
For questions about these Terms, contact us at:
Lendmarket
Email: legal@lendmarket.ai
General: hello@lendmarket.ai