Terms of Service

Welcome to CreativeFinance.app. By accessing or using our platform, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using CreativeFinance.app ("Platform," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you and CreativeFinance.app. We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

2. Platform Description

CreativeFinance.app is a peer-to-peer marketplace that connects real estate investors ("Borrowers") seeking deal-specific capital with individuals ("Lenders" or "Gators") willing to provide short-term funding.

2.1 What We Are

• A marketplace that facilitates connections between Borrowers and Lenders
• A workflow automation tool for deal vetting, document generation, and fund custody
• A platform that provides tools for managing peer-to-peer loans

2.2 What We Are NOT

• NOT a pooled investment fund or mutual fund
• NOT a Registered Investment Advisor (RIA)
• NOT a broker-dealer
• NOT a bank or licensed lending institution
• NOT a guarantee of investment returns or loan repayment

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Have the legal capacity to enter into binding contracts
• Complete our identity verification (KYC) process
• Provide accurate, current, and complete information
• Not be prohibited from using the Platform under applicable law

4. Account Registration

You must create an account to use most features of the Platform. You agree to:

• Provide truthful, accurate, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.

5. Marketplace Rules

5.1 For Borrowers

• You must provide accurate information about your deals and funding requests
• You must have a legitimate real estate transaction requiring funding
• You are solely responsible for repaying loans according to agreed terms
• You must not misrepresent deals, collateral, or your ability to repay
• You acknowledge that late payments or defaults will be reported and may affect your reputation on the Platform

5.2 For Lenders

• You understand that lending involves risk, including potential loss of principal
• You are making individual loans directly to Borrowers, not investing in a pooled fund
• You must conduct your own due diligence before funding any deal
• The Platform does not guarantee repayment of any loan
• You acknowledge that returns displayed are based on Borrower-offered terms, not guarantees

5.3 Platform Conduct

You agree NOT to:

• Use the Platform to discover counterparties and complete deals off-platform
• Circumvent Platform fees through side agreements
• Share contact information before a deal is funded through the Platform
• Harass, threaten, or abuse other users
• Post false, misleading, or fraudulent information
• Use the Platform for money laundering or other illegal purposes

6. Fees and Payments

The Platform charges fees for various services. Current fees are displayed on the Platform and may include:

• Origination fees on funded loans
• Processing fees for fund transfers
• Subscription fees for premium features
• Late payment processing fees

All fees are subject to change with notice. Fees are non-refundable unless otherwise stated.

7. Funds Custody

User funds are held in FBO (For Benefit Of) accounts through our banking partners. The Platform:

• Does not commingle user funds with operating funds
• Maintains segregated virtual sub-accounts for each verified user
• Processes transfers between accounts only as instructed by authorized parties
• Is not a bank and does not provide FDIC insurance on escrow balances

8. Loan Documentation

The Platform generates standardized loan documents including promissory notes and related agreements. By using these documents:

• You acknowledge they create legally binding obligations
• You agree to sign documents electronically in compliance with E-SIGN laws
• You understand the Platform provides templates, not legal advice
• You are encouraged to consult your own attorney for complex transactions

9. Risk Disclosures

10. Intellectual Property

The Platform, including its content, features, and functionality, is owned by CreativeFinance.app and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute Platform content without permission
• Use the Platform's trademarks or branding without authorization
• Reverse engineer or attempt to extract source code
• Scrape, crawl, or automate data collection from the Platform

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We do not warrant that the Platform will be uninterrupted, secure, or error-free
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not responsible for losses resulting from Borrower default or market conditions

12. Indemnification

You agree to indemnify, defend, and hold harmless CreativeFinance.app, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

Any disputes arising from these Terms or use of the Platform shall be resolved as follows:

1. Informal Resolution: Contact us at support@creativefinance.app to attempt informal resolution first.
2. Binding Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
3. Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions.
4. Governing Law: These Terms are governed by the laws of the State of Delaware.

14. Termination

We may suspend or terminate your access to the Platform at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Platform ceases immediately
• Outstanding loan obligations remain in effect
• Funds in your account will be returned according to our withdrawal procedures
• Certain provisions of these Terms survive termination

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or Platform notification. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

• Email: support@creativefinance.app
• Website: creativefinance.app