Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of www.extrabusinessfunding.com (the "Site") and the related services provided by Extra Extra LLC, a Florida limited liability company doing business as Extra Business Funding ("Extra Business Funding," "EBF," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms apply to your use of the Site and your submission of any application. A merchant cash advance ("MCA") you receive from EBF is governed by a separate written MCA Agreement executed at the time of funding. To the extent of any conflict between these Terms and an executed MCA Agreement, the MCA Agreement controls with respect to the funded transaction.

2. Eligibility

To use the Site or submit an application, you represent that:

• You are at least 18 years of age.
• You are an owner, principal, or otherwise authorized to act on behalf of the business that is the subject of your application.
• The information you provide is true, accurate, current, and complete to the best of your knowledge.
• You are not prohibited from receiving services under applicable U.S. law or sanctions regulations.

3. Description of Services

The Site provides general information about EBF and our products, and an online application through which prospective merchants can request consideration for an MCA. The Site is informational in nature. Nothing on the Site constitutes a commitment to fund, a credit decision, or an offer of any product.

If we extend an offer following our underwriting review, that offer will be communicated to you separately and will be subject to your acceptance and to the execution of an MCA Agreement and any related documents. The binding agreement between you and EBF is the executed MCA Agreement; the Site itself does not create a funding obligation.

4. User Accounts

The public Site does not require an account to browse or to submit a contact form or application. EBF maintains a separate administrative area for our employees and authorized personnel. Access to the administrative area is restricted and governed by internal policies. Unauthorized attempts to access the administrative area are prohibited and may be referred to law enforcement.

5. User Conduct

You agree that you will not:

• Use the Site for any unlawful purpose or in violation of these Terms.
• Submit false, misleading, or fraudulent information in any application or communication.
• Impersonate another person or business or misrepresent your authority to act on behalf of a business.
• Scrape, crawl, harvest, or otherwise extract content or data from the Site without our prior written consent.
• Attempt to circumvent, disable, or otherwise interfere with any security or rate-limiting features of the Site, including bot protection.
• Probe, scan, or test the vulnerability of the Site or any system or network without our prior written consent.
• Use the Site to transmit malware, viruses, or other malicious code.

6. Intellectual Property

The Site and its content — including text, graphics, logos, icons, images, photographs, audio, video, software, and the selection and arrangement of these elements — are owned by EBF or our licensors and are protected by U.S. and international intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purposes and to evaluate or apply for our services. All other rights are reserved. You may not reproduce, modify, distribute, sell, or create derivative works based on the Site without our prior written consent.

7. Submissions and Information You Provide

When you submit information, documents, or other materials ("Submissions") through the Site, you represent that:

• You have the right and authority to share the Submission with us.
• The Submission is accurate to the best of your knowledge.
• The Submission does not infringe any third party's rights and does not violate any law.

You grant EBF a non-exclusive, worldwide, royalty-free license to use the Submissions for the purposes described in our Privacy Policy, including underwriting, fraud prevention, servicing, and legal compliance. You consent to our verification of any information you submit, including through third-party services such as credit bureaus, identity-verification providers, and public-record searches.

8. Third-Party Services

We rely on third-party services to provide our offering, including Plaid for bank account verification, brokers and independent sales organizations that refer applications, credit reporting agencies, and AI providers for document analysis. Your interactions with those third parties are governed by their own terms and privacy policies. EBF is not responsible for the acts, omissions, or terms of any third party, and your decision to use a third-party service is at your own risk.

9. Communications Consent

By providing your phone number, email address, or other contact information on the Site, you consent to receive communications from EBF and our service providers about your application, any advance we fund, and related matters. These communications may be delivered by telephone, voicemail, text message (SMS), email, or mail.

You agree that EBF and our service providers may use automatic telephone dialing systems, prerecorded or artificial voice messages, and text messaging — including for marketing — at the telephone number you provide, consistent with the Telephone Consumer Protection Act ("TCPA"). Your consent is not a condition of receiving an MCA. Standard message and data rates may apply. You may revoke consent at any time using the methods described in the Privacy Policy.

You also consent to receive electronic records and signatures in connection with your application and any subsequent transaction with EBF, in accordance with the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN"). You may withdraw E-SIGN consent at any time by contacting us, but doing so may prevent us from being able to process your application or advance.

10. Credit Authorization

By submitting an application, you authorize EBF and our designated service providers to obtain consumer and commercial credit reports and related information about you and your business from credit-reporting agencies and other sources, both at the time of application and from time to time thereafter in connection with the evaluation, approval, servicing, renewal, or collection of any advance. You acknowledge that an initial soft credit inquiry will not affect your personal credit score and that a hard credit inquiry may be performed at or after the time of funding, which may affect your credit score. You further authorize EBF to share your information with our affiliates and service providers as described in our Privacy Policy.

11. Disclaimers

An MCA is not a loan.An MCA is the purchase of a specified amount of your business's future receivables in exchange for an up-front purchase price. No interest rate is charged on the advance. Repayment is made through fixed installments, and the obligations between you and EBF are governed by the executed MCA Agreement.

No guarantee of funding. Submitting an application does not guarantee approval. Any offer we extend is subject to our underwriting criteria, your acceptance of the offer, and the execution of an MCA Agreement and any related documents. We reserve the right to decline any application or withdraw any offer at our sole discretion, consistent with applicable law.

Site provided "as is."The Site and all content on it are provided on an "as is" and "as available" basis without warranty of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, EBF disclaims all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising out of course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will EBF or any of our officers, directors, employees, agents, affiliates, licensors, or service providers be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or relating to these Terms or the Site, whether based on contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.

Our aggregate liability for any claim arising out of or relating to these Terms or the Site will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations may not apply to you to the extent prohibited by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless EBF, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any law or third-party right; or (c) any inaccuracy, misrepresentation, or omission in information you submit to us through the Site.

14. Dispute Resolution and Arbitration

Please read this section carefully. It requires you to resolve disputes with EBF through binding individual arbitration and waives your right to participate in a class action.

Agreement to arbitrate.You and EBF agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site — including the existence, scope, or validity of this arbitration clause — will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under the AAA Commercial Arbitration Rules then in effect.

Individual basis only.Arbitration will be conducted on an individual basis only. You and EBF each waive any right to participate as a plaintiff or class member in a class action, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative proceeding.

Venue.The arbitration will be held in Miami-Dade County, Florida, unless you and EBF agree otherwise. The arbitrator's award may be entered in any court of competent jurisdiction.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to info@extrabusinessfunding.com within 30 days after you first accept these Terms. Your notice must include your name, the email address you used on the Site, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

Exceptions. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information pending the outcome of arbitration. Either party may also bring an individual action in small-claims court in lieu of arbitration if the dispute qualifies.

Enforceability. The enforceability of pre-dispute arbitration clauses varies by jurisdiction. If any portion of this Section is found unenforceable, the remainder will continue in full force and effect. If the class-action waiver is found unenforceable for a particular claim, that claim will be severed from arbitration and decided in court, but the rest of this Section will remain enforceable.

15. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 14.

16. Venue

Subject to Section 14 (Dispute Resolution and Arbitration), any action permitted to be brought in court will be filed exclusively in the state or federal courts located in Miami-Dade County, Florida. You and EBF each consent to personal jurisdiction in those courts and waive any objection based on venue or forum non conveniens.

17. Modifications to Terms

We may modify these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be announced more prominently. Your continued use of the Site after a revised version of the Terms is posted constitutes your acceptance of the revised Terms.

18. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified only to the extent necessary to make it enforceable while preserving the parties' intent. These Terms, together with our Privacy Policy and any other policies or agreements we expressly incorporate by reference, constitute the entire agreement between you and EBF regarding your use of the Site and supersede any prior or contemporaneous understanding regarding the same subject matter.

19. Contact Information

Questions about these Terms can be sent to: