Our Terms of Service

1.0 Eligibility and Account Registration

1.1 Who May Use Our Services

To access and use our Services, you must satisfy all of the following conditions:

Be at least 18 years of age.

Possess the legal capacity to enter into binding agreements.

Be duly authorized to act on behalf of any business entity you represent.

Not be prohibited from accessing our Services under any applicable law or regulation.

Not reside in or operate from a jurisdiction where our Services are restricted or prohibited.

1.2 Registration Responsibilities

When creating or maintaining an account with us, you agree to:

Provide truthful, accurate, and current information at all times.

Keep your account details up to date as circumstances change.

Safeguard your login credentials and prevent unauthorized access.

Notify us promptly if you suspect any unauthorized use of your account.

Take full responsibility for all activity conducted through your account.

1.3 Business Authority

If you are registering or applying on behalf of a business entity, you affirm that you hold the authority to legally bind that entity, and that the entity is properly formed, validly existing, and in good standing under applicable law.

2.0 Description of Services

2.1 What We Do

First Capital 360 provides business funding consultation, direct lending and syndication services, and acts as a connector between businesses seeking capital and our network of third-party lenders and funding partners.

2.2 No Guarantees of Approval or Specific Terms

We make no representations or guarantees regarding:

Whether any application will be approved or funded.

The loan amount, interest rate, repayment schedule, or any other specific terms.

The speed or timeline of any approval or funding disbursement.

2.3 Right to Modify Services

First Capital 360 reserves the right to alter, suspend, or discontinue any aspect of our Services, or to adjust eligibility criteria, at any time and without prior notice.

3.0 User Responsibilities and Prohibited Conduct3.1 Accuracy of Submitted Information
You agree to provide complete, honest, and current information in all interactions with First Capital 360 and to promptly notify us of any material changes to your submitted details.

3.2 Prohibited Activities

The following activities are strictly prohibited when using our Services:

Submitting false, misleading, or fraudulent information.

Impersonating any individual, entity, or representative.

Using our Services for any unlawful or unauthorized purpose.

Attempting to compromise, disrupt, or interfere with our systems or security.

Using automated tools, bots, or scrapers to access our platform.

Reverse engineering, decompiling, or otherwise attempting to extract source code.

Transmitting viruses, malware, or any harmful or disruptive code.

Violating any applicable law, regulation, or the rights of any third party.

3.3 Legal Compliance

You are solely responsible for complying with all applicable federal, state, and local laws and regulations, including without limitation the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA), Anti-Money Laundering (AML) laws, Know Your Customer (KYC) requirements, and beneficial ownership disclosure regulations.

4.0 Credit Inquiries and Identity Verification

During the prequalification process, First Capital 360 may perform soft credit inquiries that do not affect your credit score. Hard credit inquiries, which may impact your credit, may be initiated by third-party lenders during their underwriting process. We will obtain your explicit consent before any hard inquiry is submitted on your behalf. We may also work with third-party vendors to verify your identity, confirm business information, and validate banking data as part of our compliance, fraud prevention, and ongoing monitoring obligations.

5.0 Fees and Payment Terms5.1 No Upfront Application Fees
First Capital 360 does not charge fees to submit an application or to receive a pre-approval determination.

5.2 Lender-Imposed Fees

Third-party lenders in our network may assess their own origination, processing, documentation, or administrative fees. These fees are disclosed directly by the lender in their loan agreements and are separate from any arrangement with First Capital 360.

5.3 Broker and Referral Compensation

First Capital 360 may earn commissions, referral fees, or syndication income from lenders or funding partners when a transaction is successfully completed. This compensation does not alter or increase the cost of financing to the borrower.

5.4 Clawbacks and Payment Reversals

All commissions, payments, or credits issued to or by First Capital 360 are contingent upon the successful and non-reversible completion of a funded transaction. First Capital 360 reserves the right to reverse, withhold, or offset any payments within ninety (90) days of the applicable funding event in cases involving lender clawbacks, chargebacks, cancellations, fraud, or unresolved disputes.

6.0 Loan Terms and Third-Party Lender Relationships

Any financing or loan agreement you enter into is a direct contract between you and the applicable lender or funding partner. First Capital 360 is not a party to those agreements and bears no liability for lender decisions, collection activities, defaults, credit reporting actions, or any other conduct of third-party lenders.

7.0 Intellectual Property and Data Ownership

7.1 Ownership of Content

All content, materials, trademarks, logos, software, and other intellectual property available through our Services are owned by First Capital 360 or its licensors and are protected by applicable intellectual property laws.

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for their intended business purpose. This license does not permit reproduction, redistribution, or commercial exploitation of any Service content.

7.3 Application and Lead Data

Information submitted through our Services, including funding applications, client data, and leads, may be used by First Capital 360 for legitimate business purposes as further described in our Privacy Policy. Any unauthorized use, reproduction, or transfer of this data constitutes a material breach of these Terms.

7.4 User Feedback

Any suggestions, ideas, or feedback you provide regarding our Services may be used by First Capital 360 without any obligation to compensate you or credit your contribution.

8.0 Privacy and Communications

8.1 Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to review it carefully.

8.2 Data Security

We apply commercially reasonable technical and organizational security measures to protect your information. However, no digital system can be guaranteed to be entirely free from unauthorized access, and we cannot warrant absolute data security.

8.3 Communication Consent (TCPA)

By submitting your contact information through our Services, you consent to receive communications from First Capital 360 via email, SMS/text message, and telephone calls, which may include the use of autodialed systems or prerecorded messages. Standard carrier message and data rates may apply.

To opt out of marketing communications, you may:

Reply STOP to any text message from us.

Click the unsubscribe link in any marketing email.

Contact us directly at via the Contact form.

Please note that transactional and account-related communications may continue even after you opt out of marketing messages.

9.0 Representations and Warranties
By using our Services, you represent and warrant that you:

Are a validly formed and legally operating business entity or individual.

Have full legal authority to enter into and perform under these Terms.

Will not use our Services to engage in or facilitate fraud or misrepresentation.

Are not currently subject to any active bankruptcy proceeding, insolvency action, or related legal process.

Will adhere to all requirements imposed by applicable lenders and regulatory bodies.

Are not subject to any government-imposed sanctions, embargoes, or restrictions that would prohibit use of our Services.

10.0 Disclaimers and Limitations of Liability

10.1 No Fiduciary or Advisory Relationship
Your use of First Capital 360's Services does not create any fiduciary duty, advisory relationship, or agency relationship between you and First Capital 360.

10.2 Services Provided As-Is

Our Services are provided on an "as is" and "as available" basis. First Capital 360 makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.3 Third-Party Conduct

First Capital 360 is not responsible for the representations, actions, decisions, or omissions of any independent lender, partner, or third-party service provider accessed through our platform.

10.4 Cap on Liability

To the fullest extent permitted by applicable law, First Capital 360's total liability to you for any claim arising out of or related to these Terms or our Services shall not exceed the greater of one hundred dollars ($100) or the total amount you paid to us in the six (6) months immediately preceding the claim.

10.5 Exclusion of Certain Damages

Under no circumstances shall First Capital 360 be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, even if advised of the possibility of such damages.

11.0 Indemnification
You agree to indemnify, defend, and hold harmless First Capital 360, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your access to or use of our Services.

Any violation of these Terms or applicable law.

Any fraudulent, misleading, or unauthorized conduct on your part.

Disputes between you and any lender or funding partner.

Any breach of your representations or warranties under these Terms.

12.0 Dispute Resolution

12.1 Good-Faith Resolution First
Before initiating any formal proceeding, both parties agree to make a genuine effort to resolve any dispute informally through direct communication.

12.2 Binding Arbitration

If informal resolution is unsuccessful, all disputes shall be resolved through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with proceedings held in Clark County, Nevada.

12.3 Waiver of Class Actions

All claims must be brought on an individual basis. You waive any right to participate in any class action, class arbitration, or consolidated proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may pursue relief in a court of competent jurisdiction for matters involving small claims, the protection of intellectual property rights, or the collection of outstanding balances.

12.5 Survival of Arbitration Provision

The arbitration agreement and class action waiver in this section shall survive any termination or expiration of these Terms.

13.0 Term and Termination
Either party may terminate access to the Services or close an account at any time, with or without cause. Upon termination:

Your right to access the Services ends immediately.

We may permanently delete your account and associated data.

You remain responsible for any outstanding obligations incurred prior to termination.

14.0 General Provisions

These Terms constitute the entire agreement between you and First Capital 360 with respect to the subject matter herein and supersede all prior agreements or understandings. These Terms do not confer any rights on third parties. You may not assign your rights or obligations under these Terms without our prior written consent. We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control. Our failure to enforce any provision of these Terms shall not constitute a waiver of that right. If any provision is found unenforceable, the remainder shall continue in full force and effect. Your acceptance of these Terms may be provided electronically and shall be legally binding.

15.0 Sanctions and Restricted Parties

By using our Services, you represent and warrant that you are not:

Named on any U.S. government restricted, denied, or sanctioned persons list

Operating from or located in a country subject to U.S. government embargoes

Subject to any restrictions or penalties administered by the Office of Foreign Assets Control (OFAC) or any other relevant authority

16.0 Accessibility

First Capital 360 is committed to making these Terms available in formats accessible to all individuals. If you require this document in an alternative format, such as large print or audio, please contact us and we will accommodate your request.