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Ferrylend

Terms of service

The agreement between Digital Mundo LLC and the businesses that use Ferrylend.

Last updated

Pending legal review. These documents describe how Ferrylend works today and are being reviewed by counsel. Questions: support@ferrylend.com.

1.The agreement

These terms are an agreement between Digital Mundo LLC ("Digital Mundo", "we", "us") and the business that signs up for Ferrylend (the "Customer", "you"). They govern your use of the Ferrylend service, websites and support (the "service"). Our Privacy policy, Acceptable use policy and Data processing addendum are part of these terms.

The person accepting these terms confirms they have authority to bind the Customer. The service is for business use only; it is not offered to consumers.

2.Accounts and users

  • Each user must be an individual with their own sign-in. Sign-ins may not be shared.
  • You are responsible for who you invite, the roles you give them, and everything done under your account. Deactivate users promptly when they no longer need access.
  • Keep passwords confidential and tell us right away if you suspect unauthorized access.
  • You must give us accurate account information and keep it current.

3.Your data

You own the data you and your users put into the service and the data your merchants submit through your application link ("Customer Data"). You give us permission to host, process and transmit Customer Data only as needed to provide and secure the service, to provide support you ask for, and as the law requires. Our Data processing addendum describes how we process it.

You are responsible for Customer Data: that you have the right to collect it and put it in the service, that you have given any notices and obtained any consents the law requires (for example, to obtain a credit report or bank statements, or to call or text a merchant), and that it is accurate.

You can export Customer Data from the service at any time while your account is active.

4.Your responsibilities as a lending business

Ferrylend is software. Digital Mundo is not a lender, broker, funder, credit reporting agency or law firm, and we do not make credit decisions, arrange financing or give legal, tax or compliance advice.

You are solely responsible for complying with the laws that apply to your business, including, where relevant, state commercial financing disclosure and broker registration laws, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule and do-not-call rules, CAN-SPAM, and state privacy laws. Calculators, lender matching, templates and other tools in the service are aids; you are responsible for checking their results and for the documents and disclosures you send.

5.Acceptable use

You will use the service in line with our Acceptable use policy. We may suspend access that violates it, as described there, and will tell you why unless the law or an ongoing investigation prevents us.

6.Plans, fees and early access

Plans and prices are published on our pricing page. Fees are charged per user per month unless your order says otherwise, and are exclusive of taxes.

During early access, we may provide the service, or some features, at no charge. We will give you at least 30 days' notice before charging for a service you currently use for free, and you can stop using it before any charge applies.

We may change prices with at least 30 days' notice; a change applies from your next billing period. Fees already paid are non-refundable except where these terms or the law say otherwise.

7.Features, changes and previews

We improve the service continuously and may add, change or remove features. We will not materially reduce the core functionality of a paid plan during a period you have paid for.

Some features are marked as early access, beta or coming soon. They may change, may not be complete, and are provided as is. Features listed on our roadmap are plans, not commitments.

Some features depend on third-party services (for example email delivery or AI statement parsing). Your use of those features is also subject to the provider's availability, and we are not responsible for third-party services we do not control.

8.Confidentiality

Each party will protect the other's non-public information it receives under these terms with at least reasonable care, use it only to perform under these terms, and share it only with people who need it and are bound by similar duties. This does not cover information that is public, already known to the recipient, independently developed, or that the law requires to be disclosed (with notice to the other party where allowed).

9.Our service and feedback

We own the service, including its software, design and documentation. These terms give you a right to use the service during your subscription; they do not transfer any ownership. You will not copy, resell, reverse engineer or build a competing product from the service.

If you send us feedback or suggestions, we may use them without obligation to you.

10.Term, cancellation and termination

These terms apply from when you first use the service until your account ends. You can cancel at any time; cancellation takes effect at the end of your current billing period.

Either party may end these terms if the other materially breaches them and does not cure the breach within 30 days of written notice. We may suspend or end access immediately if needed to prevent harm to the service, other customers or third parties, or if required by law.

After your account ends, you have 30 days to export Customer Data (ask us and we will restore export access if needed). After that we will delete it as described in our Data processing addendum.

11.Warranties and disclaimers

We will provide the service with reasonable skill and care and in line with our Security page commitments.

Except as stated in these terms, the service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted or error-free, or that calculations, matching results or parsed statement figures are free of errors.

12.Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, commissions or business opportunities, even if it was told they were possible.

To the extent the law allows, each party's total liability under these terms is limited to the fees you paid us for the service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.

13.Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the service in violation of these terms or the law, or your dealings with merchants, lenders and other third parties. We will defend and indemnify you against third-party claims that the service, as we provide it, infringes their intellectual property rights.

14.General

These terms are governed by the laws of the United States and of the state in which Digital Mundo LLC is organized, without regard to conflict-of-laws rules. (The specific state and venue will be stated here after legal review.)

We may update these terms. We will give customers at least 30 days' notice of a material change by email or in the service; continuing to use the service after it takes effect means you accept it. Neither party may assign these terms without the other's consent, except to a successor in a merger or sale of substantially all of its assets. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. These terms are the entire agreement on their subject and replace any earlier ones.

15.Contact

Questions or notices under these terms: support@ferrylend.com.