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Terms & Conditions

Effective Date: August 18, 2025

These Terms & Conditions (“Terms”) govern your access to and use of areyoufundable.org (the “Site”) and any related intake forms, assessments, or services provided by Insight Technology LLC d/b/a Are You Fundable (“Are You Fundable,” “we,” “us,” “our”). We work with independent third parties—such as lenders, brokers, processing platforms, data and communications vendors, and servicing providers—as well as our affiliates (together, “Partners”) to help you evaluate and pursue funding and related services. By using the Site, submitting a form, checking a consent box, or clicking I Agree, you accept these Terms.

1) What we do (and don’t do)

We are not a bank or lender. We help match you with potential funding programs and services (for example: personal term loans, business loans, credit cards, SBA programs, and credit readiness/consulting). Any funding is provided by third-party lenders, subject to their own underwriting and agreements. Pre-qualification is not a commitment to lend or a guarantee of approval, amount, or terms. If you proceed with a program through certain Partners, you may be asked to sign a success-fee agreement (typically 4%–7% of amounts funded, payable only if funding occurs). Fees for optional consulting/readiness services will be disclosed before you pay.

2) Your responsibilities

You agree to:

Provide true, accurate, and complete information.

Use the Site only for lawful purposes and your own application.

Promptly notify us if your contact details change.

You represent you are 18 or older and legally able to enter into agreements.

3) Information sharing & credit authorization (FCRA “written instructions”)

General authorization. By submitting any form, checking a consent box, or clicking I Agree, you give written instructions under the Fair Credit Reporting Act (FCRA) authorizing Are You Fundable and Partners acting on our behalf to obtain information from your consumer and/or business credit reports and other information from consumer reporting agencies (including Experian, TransUnion, and Equifax) and relevant data sources for pre-qualification, identity verification, fraud prevention, underwriting support, determining eligibility, and servicing requests you make. You also authorize us to share your application and contact details with select Partners so they may evaluate eligibility and, where appropriate, contact you directly to service your request.

3A) Business / SBA programs — representations & owner authorization

If you apply for business credit (including SBA or other business programs), the business applicant and each identified owner/guarantor (each a “Signer,” collectively “Signers”) represent and agree that:

each Signer is authorized on behalf of the business and all listed owners to initiate this pre-qualification;

all information provided is true, correct, and complete and will be updated as needed; and

Are You Fundable and Partners acting on our behalf may contact third parties to conduct background checks and other investigative reports and may obtain personal and business credit bureau reports for pre-qualification, underwriting, and servicing of the application.

By signing or electronically accepting, each Signer provides FCRA written instructions authorizing these pulls.

3B) Soft credit pull acknowledgment

A soft inquiry does not affect your credit score and is typically used for pre-qualification. If you later proceed with an application that requires a hard inquiry, that will be disclosed and may affect your score.

4) SMS/text messages, phone calls, and email (including autodialed/prerecorded)

By providing your contact information, you agree that Are You Fundable and our Partners (and service providers acting on our behalf) may contact you about your inquiry, application, or related services via SMS/text, phone, voicemail, and email. Calls or texts may use an autodialer, artificial voice, or prerecorded message. Consent is not a condition of purchase or of obtaining services. Message frequency varies; message/data rates may apply. Opt out of texts by replying STOP; for help, reply HELP. To opt out of marketing calls, tell the caller or email [email protected] to be placed on our internal do-not-call list. Carriers are not liable for delayed or undelivered messages. You represent you are the subscriber or customary user of the number provided and will notify us if your number changes.

5) Electronic records & signatures (ESIGN)

By clicking I Agree, you consent to receive disclosures, agreements, notices, and other communications electronically and to use electronic signatures and records instead of paper.

Hardware/Software requirements. A compatible device with internet access, a current web browser, a valid email address, and the ability to view/save PDF files.

Paper copies. Request paper copies at no additional cost by emailing [email protected] (include your name, email, and the specific document).

Withdrawing consent. You may withdraw ESIGN consent by emailing [email protected]. Withdrawal may delay or prevent us/Partners from providing services.

Updating contact info. Keep your details current and notify us of changes at [email protected].

Exact acknowledgment (accepted electronically). “I Agree to the Terms above and acknowledge the Consent to Electronic Disclosures.”

6) Privacy

Your information will be handled per our Privacy Policy (linked on the Site). Partners handle your data under their own policies and agreements. We may share information with Partners to determine eligibility, process applications, and service your requests.

7) Third-party services & links

The Site may link to Partner or third-party sites (e.g., lenders, bureaus, schedulers, payment processors). We are not responsible for their content, policies, or actions. Your use of those services is governed by their terms.

8) No professional advice

Site content is for general informational purposes and is not financial, legal, tax, or accounting advice. Consult your own advisors regarding your specific situation.

9) Intellectual property & permitted use

The Site and its content (text, graphics, logos, workflows) are owned by us or our licensors. You may not copy, modify, distribute, reverse-engineer, or use the Site in a way that could harm, disable, or overload our systems. You receive a limited, revocable license to access and use the Site for your personal application.

10) Disclaimers; limits of liability

THE SITE AND 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR AMOUNTS YOU PAID US FOR THE RELEVANT SERVICE IN THE 6 MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER, OUR TOTAL LIABILITY IS LIMITED. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or injury to the person where such limitation is prohibited by law. Your statutory consumer rights (if any) are not waived.

11) Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, employees, agents, and Partners from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site or your breach of these Terms.

12) Changes to the Site or Terms

We may update the Site and these Terms from time to time. The “Effective Date” above shows the latest version. Continued use of the Site after changes means you accept the updated Terms.

13) Suspension/Termination

We may suspend or terminate your access at any time for any reason, including suspected misuse, fraud, or non-compliance with these Terms.

14) Governing law; arbitration; class-action waiver

These Terms are governed by the laws of North Carolina, without regard to conflicts-of-law rules.

Arbitration. You and we agree to resolve disputes exclusively through binding arbitration on an individual basis administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat/venue of arbitration is Forsyth County, North Carolina, and a single arbitrator will be appointed. Judgment on the award may be entered in any court of competent jurisdiction.

Small-claims carve-out. Either party may bring an individual action in small-claims court.

Injunctive relief. Either party may seek temporary or preliminary injunctive relief in court to protect confidential information or intellectual property.

Class waiver. You waive any right to participate in a class, consolidated, or representative proceeding.

Mass-filing administration. If 25 or more similar arbitration demands are filed by the same or coordinated counsel, the parties agree to staged, bellwether proceedings and reasonable batching of claims for administrative efficiency, with fees allocated by the arbitrator consistent with AAA rules.

Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to the address below. If arbitration is not enforceable for a particular claim, you agree to the exclusive jurisdiction of the state and federal courts located in Forsyth County, North Carolina.

15) Tradelines (Authorized-User Placement) — Additional Terms

This section applies only if you purchase or use our tradeline/authorized-user (“AU”) placement services. It supplements and, where expressly stated, controls over the general Terms above for tradeline-specific topics (fees, proof, and remedies). All other provisions (including arbitration, disclaimers, and liability limits) remain in force.

15.1 Definitions

Tradeline. A revolving line of credit (e.g., a credit card account) held by a primary account holder that may appear as a line item on a consumer credit bureau report. “Adding you to a tradeline” refers to adding you as an authorized user (AU) so that the tradeline may appear on your consumer credit report, subject to the policies and reporting practices of the relevant credit bureaus and issuers.

15.2 Services provided

Identification & AU placement. We will identify one or more tradelines as specified in your Tradeline Orderand use commercially reasonable efforts to facilitate your addition as an AU on or before the first billing statement date following the Effective Date for each such tradeline.

Duration; intended posting. The intent is for you to remain an AU for two (2) billing/posting cycles after being added. Our objective is that each tradeline will post on two (2) consecutive statement cycles and that AU status will be reported to two (2) or more credit bureaus. Reporting is not guaranteed; issuers and bureaus control reporting.

Primary account-holder consent. You will only be added with the advance knowledge and consent of the applicable primary account holder. We coordinate with independent credit partners (“Credit Partners”) regarding AU additions.

Account management standards. We use commercially reasonable efforts to work with Credit Partners who (a) maintain balances ≤ 15% of credit limit and (b) keep accounts in good standing with timely payments. We do not control Credit Partners or card issuers and are not liable for their actions, omissions, or account decisions.

Timing. We instruct Credit Partners to submit AU additions within two (2) business days after we confirm receipt of all required information and payment in good funds. “Business day” excludes weekends and U.S. bank holidays.

15.3 Fees; payment; non-refundable nature

Fees. You will pay the non-refundable fee specified in the Tradeline Order (the “Fee”).

Payment before performance. No services begin until we receive the entire Fee in good funds. Fees are earned upon receipt and non-refundable, except as expressly provided in 15.4 (Proof of Non-Performance).

Partial payments. Partial payments are not refundable if you fail to pay the balance. You may pay the remaining balance and receive services for up to one (1) year from the Effective Date; after that, partial payments are forfeited.

Returned/declined payments. If a payment is declined, returned, or charged back, we may suspend or removeyou from any tradeline until payment is replaced with good funds and may assess reasonable recovery costs.

15.4 Proof of Non-Performance — exclusive remedy

What qualifies. If AU status does not post to at least two (2) credit bureaus within the timeframe contemplated by 15.2, your sole and exclusive remedy is a refund of the Fee.

How to claim. You must provide written proof of non-performance to us by email or text message within twenty-one (21) days after the date by which you should have been added and reported.

Form of proof. The only acceptable proof is a consumer disclosure report generated by IDENTITYIQ.COM or EXPERIAN.COM that clearly shows absence of the specified AU tradeline(s). No other document or source will be accepted.

Refund timing. If valid proof is timely received and verified, we will issue the refund within seven (7) daysthereafter.

Strict compliance. No refund is owed if your submission is late, not sent by email or text, deviates from the required proof sources, or does not allow reasonable verification.

15.5 Authorization; cooperation

You authorize us to use your information solely to facilitate AU placement and perform this section, including executing customary letters of authorization and communicating with Credit Partners, card issuers, and verification vendors. You authorize the use of reputable third-party verification services to validate identity information (including legal name, date of birth, Social Security number, driver’s license, address, and phone number). You agree to promptly provide accurate information and any documents reasonably requested.

15.6 Use and protection of personal information

You agree to provide all information reasonably necessary to add you as an AU, which may include color copies of government-issued identification and Social Security card. We will use your information only to perform this section and comply with law and may share it with Credit Partners, issuers, processors, and verification vendors as needed. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect your information, consistent with applicable law.

15.7 Important disclosures; compliance

We do not provide legal, tax, investment, or credit-repair advice and do not promise any particular credit-score outcome. Bureau reporting policies and issuer practices vary and may change without notice.

You will not use AU tradelines to commit fraud, misrepresentation, or identity theft, or to obtain credit for which you are not legally eligible. You must disclose AU status to prospective creditors if required by law or by the creditor.

Each party will comply with applicable laws, including identity-theft and consumer-reporting laws (e.g., the Fair Credit Reporting Act) to the extent applicable.

15.8 No guarantee; force majeure; third parties

We do not guarantee posting dates, bureau selection, or any increase in credit score or creditworthiness. We are not responsible for actions or decisions of Credit Partners, card issuers, or credit bureaus, or for delays or failures caused by events beyond our reasonable control.

15.9 Limitation of liability (tradelines)

To the fullest extent permitted by law, our total liability arising out of or relating to tradeline services will not exceed the Fee actually paid by you. In no event will we be liable for indirect, incidental, special, consequential, or punitive damages, including lost opportunities or profits. (This supplements Section 10 above.)

15.10 Term; termination

This tradelines section applies from the Effective Date of your Tradeline Order and ends upon completion of the services for the tradelines in that order, unless earlier terminated for your breach (including nonpayment or provision of false information).

15.11 Disputes; governing law; forum

Disputes relating to tradelines are subject to Section 14 (Arbitration; Class-Action Waiver) above; the arbitration seat/venue is Forsyth County, North Carolina. (This replaces any contrary forum/law selections in prior or separate forms.)

15.12 Order of precedence

For tradeline services, if there is a conflict between this Section 15 and other parts of these Terms, this Section 15 controls for pricing, proof, and remedies; otherwise, the general Terms apply.