1. Acceptance Of Terms
By accessing or using the Improvifi platform (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
If you do not agree with any part of these Terms, you may not access or use the Services. We may update these Terms from time to time. Material changes will be communicated to active customers at least thirty (30) days before they take effect.
2. Eligibility & Accounts
You must be at least 18 years old and operate a registered business to use the Services. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
- You are responsible for safeguarding your account credentials.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately of any unauthorized use of your account.
- One person or business may not maintain more than one account without prior written approval.
3. The Improvifi Platform
Improvifi provides a technology platform that connects home-improvement contractors with a network of third-party lenders, payment processors, and service partners. The Services include underwriting submission tools, document collection, funding tracking, and related sales-enablement features.
3.1 Third-Party Lenders
Improvifi is not a lender. All credit decisions, loan products, interest rates, and funding terms are determined solely by the third-party lenders in our network. We facilitate the application process but do not approve, deny, or fund loans.
3.2 Service Availability
We target 99.9% platform uptime measured monthly, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least seventy-two (72) hours in advance whenever practical.
4. Customer Obligations
You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not:
- Submit fraudulent, false, or misleading information on behalf of yourself or any consumer.
- Use the Services in a way that violates any applicable federal, state, or local law, including consumer-protection and fair-lending statutes.
- Reverse engineer, decompile, or attempt to derive the source code of the platform.
- Resell, sublicense, or otherwise transfer your access to a third party without our written consent.
- Use the Services to send unsolicited communications in violation of TCPA, CAN-SPAM, or similar laws.
5. Fees & Payment
Fees for the Services are set forth in your order form or subscription plan. Unless otherwise stated, fees are billed in advance on a monthly or annual basis and are non-refundable except where required by law. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
6. Intellectual Property
Improvifi and its licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than the limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.
7. Confidentiality
Each party agrees to protect the other's confidential information using the same standard of care it uses to protect its own confidential information, but no less than a reasonable standard of care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
8. Data, Privacy & Security
Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to provide all required notices to and obtain all required consents from consumers whose information you submit through the Services.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPROVIFI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMPROVIFI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO IMPROVIFI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Improvifi and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
12. Term & Termination
These Terms remain in effect until terminated. Either party may terminate for material breach upon thirty (30) days written notice if the breach remains uncured. Upon termination, your right to access the Services will cease and you must promptly return or destroy all confidential information in your possession.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
14. Miscellaneous
These Terms, together with any order forms and the documents incorporated by reference, constitute the entire agreement between you and Improvifi and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.
15. Contact Us
Questions about these Terms? Reach out to our team or email legal@improvifi.com.