Terms of Service
These Terms of Service ("Terms") govern your access to and use of the websites at lendmarket.ai and the Lendmarket platform at app.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 Lendmarket platform supports three roles: Platform Admin (operated by Lendmarket), Funder, and Merchant.
You must register for an account to use the Services. You are responsible for:
- Maintaining the confidentiality of login credentials;
- Ensuring that all account information is current;
- All activities occurring under your account;
- Promptly notifying Lendmarket at security@lendmarket.ai of any unauthorized use or security breach.
You are fully responsible for all activity that occurs under your account, including for any actions taken by persons to whom you have granted access to your account. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement.
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, 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.
All third-party products or services included or sold with the Services are provided solely according to the warranty and other terms specified by the third party, who is solely responsible for service and support for its products or services. LENDMARKET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
6. Fees and billing
Funder use of the Lendmarket 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. Confidentiality
You agree to comply with all applicable privacy laws and obtain any required customer consents.
You agree to keep confidential information in strict confidence and not to disclose it except as required by law or with the consent of Lendmarket. By using any of our Services, you acknowledge our data practices that apply to you, as set out in the Privacy Policy. The Privacy Policy explains how Lendmarket collects, uses, and protects the personal information you provide to us where Lendmarket makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
9. 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.
10. 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).
Lendmarket will not be liable for any delay or failure to perform due to events beyond our control, including natural disasters, war, cyberattacks, labor disputes, or utility outages.
UNDER NO CIRCUMSTANCES WILL LENDMARKET BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
11. 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.
12. 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.
13. Governing law & disputes
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles. Subject to the arbitration agreement below, 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 Baltimore, Maryland, and you consent to the personal jurisdiction of those courts.
Binding arbitration
Except for (a) disputes that qualify for small-claims court and (b) actions for injunctive or other equitable relief to protect intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English by a single arbitrator seated in Baltimore, Maryland, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class-action waiver
You and Lendmarket each agree that any proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — must proceed in court as set out above.
Arbitration opt-out
You may opt out of this arbitration agreement by emailing legal@lendmarket.ai within 30 days of first accepting these Terms, including your name, your business name, and a statement that you opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
14. 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.
15. How to contact us
For questions about these Terms, contact us at:
Lendmarket
Email: legal@lendmarket.ai
General: hello@lendmarket.ai
Lendmarket is the trade name of LendMarketAI LLC, a Maryland limited liability company (EIN 42-2457431), with its registered office at 3701 Old Court Rd, Suite 21A, Baltimore, MD 21208.