Terms of Service

Welcome to FundRocket—we offer simple, fair capital to help small businesses thrive!

The following terms and conditions (the “Agreement”) govern all use of the website located at www.FundRocket.com (“Website”), as well as any products or services we provide (collectively, with the Website, the “Services”). The Services are provided to you by FundRocket, LLC (“FundRocket”, “Us”, “We, or “Our”). The Services are subject to your (“You” or “Your”) acceptance without modification of all of the terms and conditions contained herein. By using the Services – You agree to these terms.

This Agreement includes any policies we post on the Website (such as our Privacy Policy).

You certify that You are legally permitted to use the Services.

What is this saying?

This is who we are and some general legal stuff about being bound by the terms below.

Additional Terms

Certain products and services provided by FundRocket, may be subject to different or additional terms or conditions. For example, Our capital offerings are provided pursuant to a separate agreement. To the extent such other terms and conditions conflict with this Agreement, such different or additional terms and conditions will control.

What is this saying?

Special products and services—like our capital offerings—have their own terms.

Your Use Of The Services On Behalf Of Third Parties

You are only authorized to use the Services for Yourself and on behalf of a business entity You represent and which You have the legal right, power and authority to use the Services for. We may ask You to verify You have the appropriate consents, authority and legal rights—and You must do so promptly in the manner requested by Us.

What is this saying?

Can You use the Services on behalf of others? Here’s the answer.

Third Party Sites, App, Products And Services

We may provide links through the Website, or Our email or SMS communications, that direct You to other websites, applications, products and services owned and controlled by third parties. We may also allow You to connect to third party accounts to more quickly upload pertinent information to help You use the Services. FundRocket makes no representations, warranties or guarantees with respect to any such third party websites, applications, products or services. To the extent You access or otherwise use them, You should review the applicable third party’s associated terms, conditions and policies.

Dwolla Terms

In order to use the payment functionality of the Service, You must open a “Access API” account provided by Dwolla, Inc. (“Dwolla”) and You must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize FundRocket to share Your identity and account data with Dwolla for the purposes of opening and supporting Your Dwolla account, and You are responsible for the accuracy and completeness of that data. You understand that You will access and manage your Dwolla account through the Service, and Dwolla account notifications will be sent by FundRocket, not Dwolla. FundRocket will provide customer support for Your Dwolla account activity, and can be reached at support@fundrocket.com.

Restrictions

You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Services; (iii) rent, lease, or use the Services for any commercial purpose; (iv) use the Services for the benefit of any third party (except for a business entity with respect to which you have the legal power and authority to use the Services); (v) remove or obscure any proprietary notices on the Services; (vi) use the Services for any unlawful purpose; (vii) access any FundRocket product or service not explicitly permitted by these terms; (viii) send unwanted messages or emails (i.e.,“spam”) through the Services; (ix) send any harassing, defamatory or illegal content through the Services (or any content that otherwise infringes or violates the rights of any third party); (x) use domain names or web URLs in Your username without Our prior written consent; (xi) interfere or disrupt the Services in any way; or (xii) access the Services via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers. As between the parties, FundRocket shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof.

What is this saying?

This is stuff You shouldn’t do!

Information You Submit To Us

In the event You submit any information to the Services (such as during the registration process, while filling out applications or entering of bank accounts details), You represent and warrant that You have full right and authority to do so – and that such information is complete and accurate at all times. You must not share Your Services account log-in details with anyone.

What is this saying?

Please give Us correct info and keep it up-to-date.

General Content

You agree that the Services contains information and other content specifically provided by FundRocket or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws (such as our logo). Except as expressly authorized by FundRocket in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Services, for any other purpose is strictly prohibited without the express prior written permission of FundRocket.

What is this saying?

You can use content on the Services only for purposes of using the Services for the purpose for which they are provided.

Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FUNDROCKET AND ITS THIRD PARTY PROVIDERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. FUNDROCKET MAKES NO WARRANTIES WITH RESPECT TO ANY CONTENT TRANSMITTED THROUGH THE SERVICE BY ANY USERS. IN ADDITION, FUNDROCKET AND ITS THIRD PARTY PROVIDERS AND LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY ACTS OR OMISSIONS OF ANY OTHER THIRD PARTIES (SUCH AS YOUR BANK).

FUNDROCKET ALSO MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES YOU PURCHASE OR OTHERWISE RECEIVE THROUGH THE SERVICES.

THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

What is this saying?

We disclaim all legal warranties with respect to the Services.

Limitation of Liability

IN NO EVENT SHALL FUNDROCKET, OR ITS THIRD PARTY PROVIDERS OR LICENSORS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, DEFECTS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR PHONE, MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY ANY OF THE SERVICES OR ANY OF FUNDROCKET’S SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES (SUCH AS YOUR BANK), (V) ANY DAMAGES CAUSED BY MATTERS BEYOND FUNDROCKET’S REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), OR (VI) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS YOU HAVE PAID TO FUNDROCKET IN THE ONE (1) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP WILL BE US$10.00).

FUNDROCKET SHALL HAVE NO LIABILITY WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES YOU PURCHASE OF OTHERWISE RECEIVE THROUGH THE SERVICES.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

What is this saying?

Our legal liability is limited in a number of ways.

Indemnity

You shall indemnify and hold harmless FundRocket, its affiliates, its partners, and each of its, and its affiliates, and its partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) Your negligence, willful misconduct or other fault, or Your violation of any laws or regulations or third party rights or (iii) Your disputes with any third parties. FundRocket reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with FundRocket in asserting any available defenses.

What is this saying?

You need to protect us in case Your use of the Services causes harm.

Termination

FundRocket may terminate this Agreement, or suspend or terminate your Services account of access to the Services (or any features or functions) – without notice, at any time. In the event we do so – We may notify You by email if Your Services account contains Your email. If You want to terminate this Agreement – You must cancel Your Services account (but to the extent You have a current capital offering with Us – You will not be able to cancel Your account).

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and disputes resolutions provisions.

What is this saying?

You can terminate at any time and so can we.

Privacy

FundRocket takes the privacy of its users very seriously. We strongly urge You to review our Privacy Policy. The policy lets You know about how we treat the information You provide to us – and who we disclose such information to. The policy is located on the Website. We have endeavored to make our policy very straightforward and clear. That said, if You have any questions about how We treat Your personally identifiable information, please email us at the email provided in the policy.

What is this saying?

We take privacy seriously so please check out our Privacy Policy!

Communications

During the registration process You will provide us with Your contact phone number. You hereby acknowledge and agree that Your number may be used by Us for various purposes related to providing You with the Services. For example, We may use Your number to send You a text message to help verify the number You provided is associated with a mobile device You possess (and help otherwise ensure the number You provided is accurate and up to date). We may also use Your number to let You know when certain transactions You initiate have been completed, notify You of issues with Your account, etc. We will not use Your phone number for marketing purposes without Your consent.

Customer Feedback

FundRocket encourages Our users to submit comments, suggestions, error reports, or support inquiries to FundRocket (“Feedback”). In the event you provide any Feedback to FundRocket, You shall and hereby do grant FundRocket an irrevocable, perpetual, non-exclusive, sublicensable, transferrable, fully paid-up, royalty free, worldwide rights and license to use, reproduce, distribute, develop and otherwise exercise, for any purposes, all right, title and interest in an to such Feedback.

What is this saying?

We love to get Our customers feedback regarding the Services.

Modifications

FundRocket reserves the right to modify or replace any of the terms or conditions of this Agreement at any time. You will be notified of such changes by email, account notification, or a notice posted on the Website.

Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes; provided that, (i) such changes will not apply to any products or services that you have already paid for and (ii) with respect to any products or services that are provided on a term-period basis, such changes will go into effect beginning with the next term (provided further that, you are notified of such changes at least ten (10) days prior to the date on which your option to cancel any renewal expires).

Except as set forth above, all other modifications to this Agreement must be in a writing signed by both parties, except as otherwise provided herein.

General

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with FundRocket’s prior written consent. FundRocket may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. This Agreement is subject to the sole and exclusive jurisdiction of, and venue in, the state and Federal courts located in San Francisco, CA. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

What is this saying?

These are the rest of our terms. Stuff dealing with how this Agreement should be read, what laws apply, etc.