Last updated: [October 15, 2025]

Welcome to Summit Fund Partners (“Summit Fund Partners,” “we,” “us,” or “our”). These Terms of Service govern your use of our websites (collectively, the “Website” or “Site”) and our online and mobile services, including our small-business financing products and services (collectively, the “Services”). By accessing or using the Website or Services, you agree to be bound by these Terms of Service (the “Agreement”) and our Privacy Policy. If you do not agree, do not use the Website or the Services.

By using the Website or Services, you consent to conduct business with us electronically, including email, e-signatures, and e-payments, where applicable.

In addition to this Agreement, any request for small-business financing is subject to separate Business Funding Terms and Conditions (“Funding Terms”). You will receive and must accept the Funding Terms when submitting documentation for any funding application for your business (“Business Funding Application”).

We may update this Agreement at any time by posting a revised version on the Site. Changes are effective upon posting. Your continued use of the Services means you accept the updated Agreement.

Eligibility
You may use the Services only in compliance with this Agreement and all applicable laws. You affirm you are at least 18 years old. The Services are not available to Users previously removed by Summit Fund Partners. We prohibit discrimination on any basis prohibited by law (including race, color, national origin, religion, sex, pregnancy, sexual orientation, gender identity or expression, age where capacity to contract exists, disability, veteran status, familial or marital status, receipt of public assistance, political affiliation, and similar protected classes). Lenders and funders using our platform must comply with our anti-discrimination policy and all applicable laws.

Accounts
You are responsible for all activity on your account and for keeping your information current and your devices secure. Notify us promptly of any changes to information you uploaded, or of any breach or unauthorized use. You may not use another User’s account. We are not liable for inaccuracies in your information or any misuse of your account.

Use Limitations
Our Services may not be available in all jurisdictions and may be subject to state-by-state restrictions. You agree to use the Services only as permitted by this Agreement and any applicable Funding Terms. You will not:

Copy, distribute, or disclose any part of the Services (including by automated “scraping”).

Use automated systems (robots, spiders, bots, offline readers, etc.) to access the Services, except that public search engines may use spiders to create publicly available searchable indices.

Send spam, chain letters, or unsolicited communications.

Interfere with, compromise, or attempt to decipher transmissions to/from our servers.

Impose an unreasonable load on our infrastructure.

Upload viruses, worms, or malicious code.

Collect or harvest personally identifiable information from the Services.

Use the Services for commercial solicitation not expressly permitted.

Impersonate another person or misrepresent your affiliation; engage in fraud; hide your identity.

Interfere with proper operation of the Services or bypass access measures.

Access content through means not provided or authorized by us.

We may modify, suspend, or discontinue the Services (or any part) without notice. We may terminate or suspend your access immediately for any reason. Upon termination, this Agreement will still apply to your prior use.

The Services are intended for use in the United States. If you access them from other locations, you do so at your own risk and must comply with applicable laws. You may not use the Services if you are subject to U.S. sanctions or on a U.S. government restricted list.

Privacy
Please review our Privacy Policy to understand how we collect, use, and disclose information. By providing your email and/or phone number, you consent to receive Service-related notices (including those required by law) by email and/or SMS, and marketing messages as described in the Privacy Policy. You may withdraw marketing consent by written notice to us, subject to legal or Service-related notice requirements.

Services and License
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes as enabled by the Services, including in connection with any Business Funding Application. We reserve all rights not expressly granted. Some areas of the Site (e.g., articles, calculators, knowledge resources) may be accessed without registration. Access to small-business funding services requires acceptance of the Funding Terms during the application process.

Mobile Access
If you access the Services via a mobile device or app (“Mobile Software”), we grant you a limited, revocable license to use one compiled copy of the Mobile Software on a device you own or control, solely for your personal use with one account. You may not reverse engineer, rent, lease, sublicense, copy (except as necessary for ordinary use), remove proprietary notices, or interfere with security features. We may push automatic updates; by using the Mobile Software you consent to such updates. Third-party code may be included under its own licenses. If acquired through an app store, your use must also comply with that store’s terms. U.S. export laws apply.

Proprietary Rights
The Services and all materials therein (software, text, images, graphics, logos, trademarks, service marks, photographs, audio, video, and other content) and related intellectual property rights (the “Summit Fund Partners Content”) are owned by us or our licensors. Except as expressly permitted, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, or create derivative works from the Summit Fund Partners Content.

User Content; Feedback
The Site may allow you to post or submit content or materials (“User Content”). User Content is deemed non-confidential and non-proprietary. You grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, perform, distribute, and disclose such content. You are responsible for your User Content, including its legality and accuracy. We may, but are not obligated to, monitor communications. We are not liable for interactions between Users or for User Content.
If you submit comments, ideas, or suggestions (“Suggestions”), you agree we may use them without restriction or compensation, and you waive any claim to rights therein.

Indemnity
You will defend, indemnify, and hold harmless Summit Fund Partners, its affiliates, licensors, and their officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Services; (ii) your breach of this Agreement; (iii) your violation of third-party rights; (iv) your violation of law; (v) information you submit via your account; or (vi) use of the Services by anyone using your credentials.

Limitation of Liability
To the maximum extent permitted by law, Summit Fund Partners and its affiliates, licensors, suppliers, and personnel shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, goodwill, data, or other intangible losses) arising from or related to your use of or inability to use the Services; unauthorized access to or use of our servers or information; interruptions; bugs, viruses, or harmful components; errors or omissions in content; or third-party conduct. Our total liability for all claims shall not exceed US $1,000. These limits apply even if we have been advised of the possibility of such damages and apply to the fullest extent permitted by law.

No Warranty
We do not represent, warrant, or guarantee that you will qualify for or obtain any funding, or that you will receive any requested amount. All credit, lending, and funding decisions are made solely by the applicable funder at its discretion.
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or security. Any content downloaded or obtained through the Services is at your own risk.

Disclaimer on Data and Access
You acknowledge you do not own your account or data stored on our servers. We may manage, regulate, control, modify, or remove data at our sole discretion and have no liability for doing so. Data (including account history and content) may be deleted, altered, moved, or transferred at any time, with or without notice.

Governing Law; Venue
You agree that: (i) the Services shall be deemed solely based in the State of Utah; and (ii) the Services are passive and do not give rise to personal jurisdiction elsewhere. This Agreement is governed by Utah law, without regard to conflict-of-laws rules. The parties acknowledge this Agreement evidences a transaction involving interstate commerce; the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the arbitration provision below. Subject to the arbitration provision, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, for proceedings seeking injunctive or other equitable relief relating to data security or intellectual property.

Arbitration
Read carefully: this section requires arbitration of disputes and limits how you can seek relief. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for 60 days. If unresolved, any claim, dispute, or controversy arising out of or related to this Agreement or the Services (“Claims”) will be resolved by binding individual arbitration administered by JAMS under its then-applicable rules (including the Optional Expedited Arbitration Procedures). Arbitration will occur in Salt Lake County, Utah, unless we agree otherwise.
If you use the Services for commercial purposes, each party pays JAMS fees per JAMS rules, and the arbitrator may award fees and costs. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require a filing fee unless you obtain a fee waiver; (ii) the arbitrator may award your arbitration costs and reasonable attorneys’ and experts’ fees; and (iii) you may bring a claim in small-claims court without first arbitrating, after completing the informal process above. Judgment on the award may be entered in any court of competent jurisdiction. Nothing prevents us from seeking injunctive or equitable relief in court to protect data security or intellectual property.

Class Action and Jury Trial Waiver
All Claims must be brought in an individual capacity, not as a class member or representative in any class, collective, private attorney-general, or representative proceeding. Class arbitration is not permitted. By agreeing to arbitration, both you and Summit Fund Partners waive the right to a jury trial and to participate in a class or representative action.

Notifications; Changes to this Agreement
We may provide notices via email, SMS, hard-copy, or posting on the Site, at our discretion. You may opt out of certain non-essential notices as described in this Agreement or the Privacy Policy. We are not responsible for filtering by you or your provider. We may modify or update this Agreement from time to time; when we do, we will update the “Last updated” date above. Your continued use of the Services after changes constitutes acceptance.

Severability; Entire Agreement
This Agreement, together with any amendments and any additional agreements you enter into with us (including the Funding Terms), is the entire agreement between you and Summit Fund Partners regarding the Services. If any provision is found invalid or unenforceable, the remaining provisions remain in full force, except that if the class action/jury trial waiver is unenforceable as to a particular claim, the arbitration agreement shall be unenforceable as to that claim.

No Waiver; Assignment
No waiver of any term is a further or continuing waiver of that term or any other term. Our failure to assert a right or provision is not a waiver. You may not assign this Agreement or any rights or licenses hereunder; we may assign without restriction. Any prohibited assignment is void.

Contact
Questions about this Agreement or the Services:
Email: [email protected]
Phone: 801-835-0231