Legal

Terms of Use

Last updated: November 2, 2026

Please read these Terms carefully. Section 16 contains a binding arbitration agreement, a class action waiver and a jury trial waiver that affect how disputes with BADJ Capital are resolved. By using this Site or submitting any information through it, you agree to these Terms.

1. Agreement to these Terms

These Terms of Use ("Terms") are a binding agreement between you and BADJ Capital (together with its affiliates, successors and assigns, "BADJ," "we," "us" or "our"). They govern your access to and use of this website and any page, form, application, portal, email, text message or other service that links to these Terms (together, the "Site"). By accessing or using the Site, or by submitting any form or information through it, you agree to these Terms and to our Privacy Policy, which is part of these Terms. If you do not agree, do not use the Site.

If you use the Site on behalf of a business or other organization, you represent that you have authority to bind it, and "you" includes that organization.

2. Business use only

The Site is intended solely for businesses, their owners, officers and authorized representatives seeking financing for business purposes, and for independent sales organizations, brokers and other referral sources ("ISOs"). It is not intended for, and nothing on the Site is offered for, personal, family or household purposes. You must be at least 18 years old and able to form a binding contract to use the Site. The Site is intended for use only in the United States.

3. No offer, commitment or advice

Content on the Site is general information only. It is not an offer, commitment, approval or guarantee of financing, and it is not legal, tax, accounting or financial advice. Any financing is subject to our underwriting review and approval, which we may grant or withhold in our sole discretion to the extent permitted by law, and is governed only by a separate written agreement signed by you and BADJ (a "Financing Agreement"). If a Financing Agreement conflicts with these Terms, the Financing Agreement controls.

Unless a Financing Agreement expressly states otherwise, revenue based finance provided by BADJ is a purchase of future receivables and is not a loan. Statements on the Site about speed, amounts, timing or availability describe typical experiences, are not promises, and may change without notice. We may change, suspend or discontinue any product, program or part of the Site at any time.

4. Information you provide

You agree that all information you provide to us is true, accurate, current and complete, and that you will promptly update it if it changes. You represent that you have the right and any required consent to provide information about any other person or business, including owners, guarantors, employees and merchants. If you provide false, misleading or incomplete information, we may deny or end any application or relationship, and we may report it to law enforcement, fraud prevention services and other financing providers as permitted by law.

5. Authorization to verify and obtain information

By submitting information through the Site, you, for yourself and for the business you represent, authorize BADJ and its agents, service providers, funding partners and assigns to:

1. verify any information you provide;
2. obtain business credit reports, personal consumer reports, bank account data, background reports, public records, and lien, judgment and litigation searches about you, the business and its owners and guarantors from credit bureaus, data providers and other third parties, when you apply and at any time while you have an application, account or other relationship with us;
3. contact your bank, landlord, suppliers, references and others to verify information; and
4. use and share that information as described in our Privacy Policy.

You represent that each owner or guarantor whose information you provide has authorized these actions.

6. Calls, texts and electronic communications

1. Consent to calls and texts. By providing a telephone number through the Site, you expressly consent to receive calls and text messages from BADJ and those acting on our behalf at that number, including marketing calls and messages and calls and messages sent using an automatic telephone dialing system, an artificial or prerecorded voice (including an AI generated voice) or other automated technology. Consent is not a condition of obtaining any product or service. You represent that you are the subscriber or customary user of each number you provide, and you will notify us promptly if you stop using a number.
2. How to opt out. You may revoke consent to calls or texts at any time by any reasonable means, including by replying STOP to any text message or by contacting us using the information in Section 21. We will honor your request within the time required by law, and we may send one message confirming it. Reply HELP to any text for help.
3. Text message program. Program name: BADJ Capital. Messages relate to your application, account or partner relationship and to offers from BADJ. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Our Privacy Policy explains how we handle mobile information.
4. Electronic communications and signatures. You consent to receive communications, disclosures and records from us electronically, including by email, text and posting on the Site, and you agree they satisfy any requirement that a communication be in writing. Your electronic submissions, clicks and signatures on the Site are legally binding to the same extent as handwritten signatures. You may unsubscribe from marketing emails using the link in any marketing email; we may continue to send transactional and account related messages.
5. Recording and monitoring. You consent to the monitoring, recording and retention of any call, chat, message or other communication with BADJ, and of your interactions with the Site, by us and our service providers, for quality, training, verification, compliance, security and legal purposes. You agree to inform anyone participating on your side of a communication that it may be recorded.

7. Our right to decline

We may decline any application, sign up, submission or request for any reason not prohibited by law, and we have no obligation to explain our decision except as required by law.

8. ISO and broker partners

If you submit a partner sign up, or submit any merchant or deal information as an ISO, broker or other referral source:

1. No agreement or compensation. A sign up or submission does not create any partnership, agency, employment, franchise, joint venture, exclusivity or other relationship, and does not entitle you to any commission, fee or other compensation. Compensation is payable only under a separate written ISO agreement signed by BADJ, and only on its terms.
2. Our discretion. We may approve, decline or end any partner relationship, and accept or decline any submission, for any reason not prohibited by law, subject only to the terms of any signed ISO agreement.
3. No protection against circumvention. Unless a signed ISO agreement expressly provides otherwise, nothing restricts BADJ from soliciting, contacting, funding or doing business with any merchant, including a merchant you submitted or a merchant already known to us, and you will have no claim for compensation or damages as a result.
4. Your responsibilities. You represent and warrant that you have each merchant's authorization to submit its information to us, that the information you submit is accurate to the best of your knowledge, and that you comply with all laws that apply to you, including telemarketing, privacy, licensing, registration and disclosure laws. You may not make any representation, promise or commitment on BADJ's behalf, or use our name, crest or other marks, without our prior written consent.

9. Intellectual property

The Site and all of its content, including text, graphics, the BADJ name, crest and other marks, designs, software and the selection and arrangement of content, are owned by BADJ or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to view the Site for its intended purpose. All other rights are reserved. You may not copy, modify, distribute, sell, frame, mirror or create derivative works from any part of the Site, or use our marks, without our prior written consent.

10. Prohibited conduct

You agree not to:

1. use the Site for any unlawful, fraudulent or deceptive purpose;
2. submit false information, or information about another person or business without authorization;
3. use any robot, scraper, crawler or other automated means to access the Site or collect data from it;
4. interfere with, disrupt, probe, scan or test the security of the Site or any related system;
5. introduce malware or other harmful code;
6. reverse engineer, decompile or attempt to obtain the source code of any part of the Site;
7. use the Site to build a competing product or to gather information about BADJ for competitive purposes;
8. impersonate any person or business, or misrepresent your affiliation with anyone; or
9. attempt any of the above or help anyone else do it.

11. Feedback

If you send us ideas, suggestions or other feedback, you assign to BADJ all rights in it, and we may use it for any purpose without compensation or obligation to you.

12. Third party sites and services

The Site may link to or rely on websites and services that we do not control. We are not responsible for them, and your use of them is at your own risk and subject to their terms.

13. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE OR CURRENT.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) BADJ, ITS AFFILIATES, AND THEIR OWNERS, OFFICERS, EMPLOYEES, AGENTS, FUNDING PARTNERS AND SERVICE PROVIDERS (THE "BADJ PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, FINANCING OPPORTUNITIES, DATA, BUSINESS OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (B) THE TOTAL LIABILITY OF THE BADJ PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITS APPLY UNDER EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY AND STATUTE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These limits do not apply to liability that cannot be limited under applicable law, and they do not change the terms of any Financing Agreement or ISO agreement.

15. Indemnification

You will defend, indemnify and hold harmless the BADJ Parties from and against all claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Site; (b) any information you submit; (c) your violation of these Terms or any law; (d) your violation of any third party's rights; or (e) if you are an ISO, your dealings with any merchant or other person. We may control the defense of any matter subject to indemnification at your expense, and you will cooperate with us. You may not settle any such matter without our prior written consent.

16. Arbitration, class action waiver and jury waiver

1. Agreement to arbitrate. You and BADJ agree that any dispute, claim or controversy arising out of or relating to the Site, these Terms, the Privacy Policy, any communication between you and BADJ, or any information you submit, including claims under the Telephone Consumer Protection Act or any other statute and any question about the scope, validity or enforceability of this agreement to arbitrate (a "Dispute"), will be resolved exclusively by final and binding individual arbitration. The arbitrator, not a court, will decide all questions of arbitrability, except as stated in Section 16(e).
2. Exceptions. Either party may bring an individual action in small claims court if the claim qualifies, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property, unauthorized access to the Site, or a violation of Section 10. Disputes under a Financing Agreement or a signed ISO agreement are governed by the dispute resolution terms of that agreement.
3. Rules and location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator, and will take place in Broward County, Florida, unless the parties agree otherwise or the arbitrator permits remote proceedings. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 16.
4. Fees. Filing, administrative and arbitrator fees will be allocated under the AAA rules. The prevailing party is entitled to recover its reasonable attorneys' fees and costs.
5. Class action waiver. YOU AND BADJ MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any class, collective or representative proceeding. If this Section 16(e) is found unenforceable as to any claim, that claim must be severed and decided by a court after all individual claims have been arbitrated, and not in arbitration. Only a court may decide disputes about the enforceability of this Section 16(e).
6. Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BADJ KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE.
7. Changes. If we change this Section 16, the change will not apply to any Dispute of which we had actual notice before the change took effect.
8. Survival and severability. This Section 16 survives termination of these Terms. If any part of it other than Section 16(e) is found unenforceable, the rest remains in effect.

17. Governing law and venue

These Terms are governed by the Federal Arbitration Act and the laws of the State of Florida, without regard to conflict of laws rules. For any Dispute that is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, and you waive any objection based on inconvenient forum.

18. Suspension and termination

We may suspend, restrict or terminate your access to all or part of the Site at any time, for any reason or no reason, with or without notice. All provisions that by their nature should survive will survive, including Sections 4, 5, 6(e), 8, 9, 11 and 13 through 20.

19. Changes to these Terms

We may change these Terms at any time by posting the updated version on the Site with a new "Last updated" date. Changes take effect when posted and apply to your use of the Site after that time. Your continued use of the Site after changes are posted means you accept them. Changes to Section 16 are subject to Section 16(g).

20. General

These Terms, the Privacy Policy and any agreement they reference are the entire agreement between you and BADJ about the Site. We may assign these Terms without restriction; you may not assign them without our prior written consent. Our failure to enforce any provision is not a waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in effect. No provision will be interpreted against BADJ because BADJ drafted it. We are not liable for any delay or failure caused by events beyond our reasonable control. Headings are for convenience only, and "including" means "including without limitation."

21. Contact

BADJ Capital
[Mailing address]
legal@yourdomain.com
(555) 010-0100

Legal

Privacy Policy

Last updated: November 2, 2026

We never share mobile phone numbers or text message opt-in data with third parties or affiliates for marketing or promotional purposes. Section 4 explains this commitment.

This Privacy Policy describes how BADJ Capital ("BADJ," "we," "us" or "our") collects, uses, shares and protects information in connection with our website and any related forms, applications, communications and services (the "Services"). Our Services are intended for businesses and their representatives seeking financing for business purposes, and for ISO and broker partners. By using the Services or submitting information to us, you agree to this Privacy Policy and our Terms of Use. If you do not agree, do not use the Services.

1. Information we collect

Information you give us. This includes your name, business name, phone number, email address, mailing address and job title; information about your ISO or brokerage business; and, if you apply for financing, information such as:

• business details, including legal and trade names, tax identification number, entity type, industry, address, time in business and revenue;
• owner and guarantor details, including name, home address, date of birth, Social Security number, ownership percentage and government issued identification;
• financial information, including bank statements, bank account and routing numbers, card processing statements, tax returns, financial statements and existing financing obligations; and
• anything else you send us, including the content of your communications with us.

Information we collect automatically. When you use the Services, we and our service providers collect information such as IP address, device and browser type, operating system, pages viewed, links clicked, referring pages, time on page, approximate location derived from IP address, and how you interact with pages and forms. We collect this through cookies, pixels, tags, scripts, session replay tools and similar technologies ("Tracking Technologies").

Information from third parties. We obtain information from credit bureaus and other consumer and business reporting agencies; bank data aggregators and account verification services; identity verification and fraud prevention services; public records, including UCC filings, liens, judgments, court and litigation records and business registrations; data providers and marketing data providers; ISOs and brokers who refer you; funding and syndication partners and other financing providers; social media and other publicly available sources; and your bank, landlord, suppliers and references.

Recordings. We may record, monitor and retain calls, chats, messages and other communications with you.

2. How we use information

We may use information for any purpose permitted by law, including to:

• operate, maintain, secure and improve the Services;
• evaluate, underwrite, price, approve, fund, service, monitor and collect financing, and enforce our agreements and rights;
• verify identity and information, and detect, prevent and investigate fraud, undisclosed financing and other misconduct;
• communicate with you by phone, text, email and mail about your application, account or partner relationship, and send you marketing about our products and services;
• evaluate, onboard, manage and pay ISO and broker partners;
• perform analytics, research and product development, including building, testing and training underwriting, pricing and risk models;
• comply with laws, regulations, legal process and requests from government authorities;
• protect the rights, property and safety of BADJ, our partners, users and others;
• carry out any financing, sale, merger, reorganization or other corporate transaction; and
• fulfill any other purpose described when we collect the information or to which you consent.

We may create de-identified or aggregated information and use and share it for any purpose without restriction.

3. How we share information

Subject to Section 4, we may share information with:

• Service providers that perform services for us, such as hosting, CRM, communications, analytics, document management, identity verification, payment processing, legal, accounting and collections;
• Funding, syndication and capital partners, including participants, syndicate members, investors, lenders, purchasers and assignees, and their prospective counterparts, in connection with funding, participating in, financing, purchasing or servicing financing transactions;
• Your ISO or broker, if one referred you, about the status of your application and account;
• Other financing providers, if we cannot provide the financing you request, so they can evaluate whether they can help your business;
• Credit bureaus, data exchanges and fraud prevention services, including information about your business, your application and your account performance, such as late payments and defaults;
• Attorneys, collection agencies, courts and others in connection with collecting amounts owed or enforcing our rights;
• Our current and future affiliates;
• Advertising and analytics partners, through Tracking Technologies;
• Government authorities, regulators, law enforcement and others when we believe disclosure is required or appropriate under law or legal process, or to protect rights, property or safety;
• Parties to a corporate transaction, such as an actual or proposed merger, acquisition, financing, sale of assets or portfolio, or bankruptcy, in which information may be transferred as a business asset; and
• Others with your consent or at your direction.

4. Mobile information and text messaging

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All of the sharing categories in Section 3 exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We may share mobile information with service providers that help us operate our messaging program and provide customer support, solely for those purposes.

You can opt out of text messages at any time by replying STOP, and get help by replying HELP. You can also opt out of calls or texts by any other reasonable means, including by contacting us using the information in Section 14.

5. Cookies and tracking technologies

We and third parties use Tracking Technologies to operate the Services, remember preferences, understand how the Services are used, measure and improve performance, prevent fraud, and deliver and measure advertising on other websites. Third parties may collect information about your online activities over time and across different websites. Session replay and chat tools may capture your interactions with the Services, including clicks, mouse movements, scrolling and information entered into forms. By using the Services, you consent to this collection and to the monitoring and recording of your interactions with the Services by us and our service providers.

You can set your browser to block or delete cookies, but parts of the Services may not work. You can learn about opting out of some interest based advertising at optout.networkadvertising.org and optout.aboutads.info. The Services do not respond to browser Do Not Track signals. We honor Global Privacy Control signals where applicable law requires us to.

6. Data retention

We keep information for as long as we consider necessary for the purposes described in this Privacy Policy, including to maintain records of applications, transactions and communications, comply with legal and regulatory obligations, resolve disputes and enforce our agreements. This may continue for an extended period after your relationship with us ends. When we no longer need information, we delete it or de-identify it.

7. Data security

We use reasonable administrative, technical and physical safeguards designed to protect information. No method of transmission or storage is completely secure, and we cannot guarantee the security of any information. You provide information at your own risk and are responsible for protecting your own devices, accounts and credentials. If a security incident affects your information, we will notify you as required by applicable law.

Social Security numbers. We protect the confidentiality of Social Security numbers, prohibit their unlawful disclosure, and limit access to them to people who need them for a legitimate business purpose. We do not publicly display Social Security numbers, and we collect them only over a secure, encrypted connection.

8. Your choices

• Marketing emails. Use the unsubscribe link in any marketing email. We may still send transactional and account related messages.
• Calls and texts. Reply STOP to any text, or tell us by any reasonable means that you no longer want calls or texts. We will honor your request within the time required by law.
• Tracking Technologies. Use your browser settings and the opt out tools described in Section 5.
• Access and correction. You may ask to review or correct information you provided by contacting us. We may decline requests where permitted by law, including where we must keep information to comply with law, complete a transaction, prevent fraud or enforce our rights.

9. State privacy rights

Some state laws give residents rights about their personal information, such as rights to know, access, correct or delete it, or to opt out of certain disclosures. Many of these laws do not apply to information collected in a business to business context or to information about businesses. If such a law applies to us and to you, you may submit a request by contacting us using the information in Section 14. We will verify your identity and respond as that law requires, and you may appeal a decision by replying to our response. Some of our disclosures to funding partners, other financing providers or advertising partners may be considered a "sale" or "sharing" of personal information under certain state laws; where such a law applies, you may opt out by contacting us. We will not discriminate against you for exercising any right the law gives you.

10. Information about other people

If you give us information about another person, such as an owner, guarantor, employee or merchant, you represent that you have the authority to do so and that you have given that person any notice and obtained any consent required by law.

11. Children

The Services are not directed to anyone under 18, and we do not knowingly collect information from them. If we learn that we have collected information from someone under 18, we will delete it.

12. United States only

The Services are intended for use in the United States, and information is processed and stored in the United States. If you access the Services from elsewhere, you do so at your own risk and consent to the transfer of your information to the United States.

13. Changes to this Privacy Policy

We may update this Privacy Policy at any time by posting the updated version with a new "Last updated" date. Changes take effect when posted. Your continued use of the Services after changes are posted means you accept them.

14. Contact

BADJ Capital
[Mailing address]
legal@yourdomain.com
(555) 010-0100