Terms & Conditions

1) Acceptance of Terms

By accessing or using our website, client portal, forms, or related services (the “Services”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2) Changes to These Terms

We may update these Terms at any time by posting a revised version with a new “Last updated” date. Changes are effective upon posting. Your continued use of the Services constitutes acceptance of the changes.

3) Eligibility; U.S. Business Use Only

• You are at least 18 and capable of entering a binding contract.
• You use the Services only for business or commercial purposes (not personal, family, or household use).
• You have authority to bind the business you represent.
• Your business is U.S.-based. We operate in all U.S. states and do not offer Services outside the United States.

4) Broker Role; Not a Lender; No Fiduciary

• Broker only. We do not make credit decisions, extend credit, or set final credit terms. Independent third-party lenders and financing companies (“Funding Partners”) make all credit decisions.
• No fiduciary/advisor. We may receive compensation from Funding Partners; this does not create a fiduciary duty or advisory relationship.
• No endorsement. References to any Funding Partner or product are for convenience and do not constitute an endorsement.

5) Applications & Your Responsibilities

You agree to provide current, complete, and accurate information (e.g., business details, ownership, financials, bank statements, tax returns, IDs) and to promptly update any changes. You authorize us to share your application and supporting data with Funding Partners and service providers to evaluate eligibility and facilitate offers.

6) Communications Consent; Call Recording

By providing a phone number or email, you expressly consent to receive calls (including prerecorded or autodialed), SMS/MMS texts, and emails from us and our Funding Partners regarding your inquiry or account, even if your number is on a Do-Not-Call list. Message/data rates may apply. You may opt out of marketing texts by replying STOP and marketing emails via unsubscribe links; transactional notices may still be required. You agree that communications may be monitored or recorded as permitted by law.

7) E-Sign Disclosure & Consent

You consent to receive disclosures and records electronically (“Electronic Records”). You confirm you can access and retain Electronic Records (modern browser, PDF reader, internet, and storage/printing). To request paper copies or withdraw consent, contact us at legal@amerifirstfinance.com or at the mailing address below. Withdrawal may limit access to some Services.

8) Credit Authorization & Verification

We do not perform credit pulls. You acknowledge and agree that Funding Partners (and, where applicable, service providers acting for them) may obtain consumer and/or business credit reports, verify bank information (including via bank-connect tools), revenues, and identity (KYC), and use fraud-prevention and sanctions-screening services. Whether inquiries are “soft” or “hard” is determined by the Funding Partner and/or credit bureau.

9) No Guarantees; Illustrative Terms Only

Any rate, term, payment, or amount shown on the Services is illustrative and not a commitment. Actual terms are provided exclusively by Funding Partners and are subject to their independent underwriting and approval. We do not guarantee offers, approvals, or specific terms.

10) Fees & Compensation

• No upfront borrower fees. We do not charge borrowers fees for our broker services. If a fee ever applies, it will be disclosed to you in writing in a separate agreement before it is charged.
• Partner compensation. We may receive compensation from Funding Partners if you obtain financing. This does not create a fiduciary duty.

11) Accounts & Security

You are responsible for safeguarding your credentials and all activity under your account. Notify us promptly at support@amerifirstfinance.com of any suspected unauthorized access. We may suspend or terminate access for violations or suspected misuse.

12) Acceptable Use

• No unlawful, deceptive, or fraudulent use; no false or misleading submissions.
• No interference with security or integrity; no probing, scanning, or bypassing access controls.
• No scraping or harvesting except as expressly permitted in writing.

13) Third-Party Services

Our Services may link to or integrate third-party sites or tools (e.g., Funding Partners, e-signature platforms, bank-connect providers, credit bureaus). We do not control and are not responsible for third-party content, security, or practices. Your use is governed by the third party’s terms and privacy policies.

14) Intellectual Property

The Services and their content are owned by us or our licensors and protected by law. Except for limited access to use the Services under these Terms, no rights are granted. You may not use our trademarks without prior written permission.

15) Feedback

If you submit ideas or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

16) No Legal, Tax, or Financial Advice

Content is for informational purposes only and does not constitute legal, tax, accounting, or investment advice. Consult your professional advisors.

17) Compliance; Sanctions; AML

You represent that you and your business are not located in, organized in, or residents of comprehensively sanctioned jurisdictions and are not listed on U.S. sanctions lists. You agree to cooperate with reasonable AML/KYC requests.

18) Privacy

Our collection, use, and sharing of personal information are described in our Privacy Policy, which is incorporated by reference.

19) Disclaimer of Warranties

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation.

20) Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Our total liability will not exceed the greater of $500 or the amount you paid to us (if any) for the relevant Service in the three (3) months preceding the event.

Some jurisdictions do not allow certain limitations; in such cases, the limits apply to the fullest extent permitted.

21) Indemnification

You agree to defend, indemnify, and hold harmless AF Funding LLC, its officers, directors, employees, agents, and affiliates from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, breach of these Terms, violation of law, or infringement of third-party rights.

22) Arbitration & Class Action Waiver

Read carefully: Except for claims that may be brought in small-claims court, any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration to the fullest extent permitted by law. Class, collective, consolidated, or representative proceedings are not permitted. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Either party may seek provisional or injunctive relief in court to protect intellectual property or confidential information pending arbitration.

23) Governing Law & Venue

Subject to the FAA, these Terms and any non-arbitrable disputes are governed by the laws of the State of Missouri, without regard to conflict-of-law rules. For any permitted litigation, the exclusive venue and jurisdiction are the state and federal courts located in St. Louis County, Missouri, and you consent to personal jurisdiction there.

24) Suspension & Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including for suspected violations. Sections that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, arbitration) survive termination.

25) Force Majeure

We are not responsible for delays or failures due to events beyond our reasonable control, including natural disasters, labor disputes, epidemics, cyber incidents, or third-party service failures.

26) Notices

27) Entire Agreement; Assignment; Waiver; Severability

These Terms, together with the Privacy Policy and any written product-specific disclosures, form the entire agreement between you and us. You may not assign your rights or obligations without our prior written consent; we may assign freely. Our failure to enforce any provision is not a waiver. If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the remainder will remain in effect.

State-Specific Commercial Financing Disclosures

Some states require disclosures for certain commercial financing. If a Funding Partner provides a covered offer, disclosures will come from that provider. For reference:

• California DFPI – Commercial Financing Disclosures: DFPI resource
• New York DFS – 23 NYCRR 600 (Commercial Financing Disclosures): Final rule text (PDF)
• Utah DFI – Commercial Financing Registration & Disclosure Act (SB 183): Utah DFI
• Virginia – Sales-Based Financing (HB 1027): Bill text
• Connecticut – PA 22-110 (Commercial Financing Disclosures): Public Act
• Florida – Commercial Financing Disclosure Law: Fla. Stat. § 559.9613
• Georgia – Required Disclosures (O.C.G.A. § 10-1-393.18): Code section

Note: Coverage, thresholds, and definitions vary by state and are updated periodically. Funding Partners are responsible for providing any required state disclosures with specific offers.