Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the HylaeanFunding website and services (collectively, the "Services"). By accessing the Services or submitting an application or inquiry, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

2. Who we are

HylaeanFunding is a business funding marketplace. We connect business owners with funding offers from a network of third-party lenders and guide them through the process. We are not a lender, we do not issue credit, and we never fund loans with our own capital. Any funding is provided by independent third-party lenders under their own terms.

We also provide business credit building services: setting up your business so lenders can verify it, establishing files with the business credit bureaus, and placing reporting trade accounts in your business's name. These are consulting and administrative services. They are not credit repair, and they are described in section 7 below.

3. Eligibility

You must be at least 18 years old and authorized to act on behalf of the business you represent. You agree that all information you provide is accurate, current, and complete, and that you will keep it up to date.

4. No guarantee of funding or terms

Pre-approval amounts, rates, timelines, and product ranges shown on the Services are typical illustrations, not guaranteed offers. Your actual options depend on lender criteria and your business profile, and are confirmed only in a formal offer from a lender. We do not guarantee that you will be approved, funded, or offered any particular amount or terms. We do not offer personal residential mortgages.

5. Soft credit inquiry

As part of pre-approval, you authorize us and our lending partners to obtain your credit information through a soft credit inquiry, which does not affect your credit score. Proceeding with a specific lender's offer may later require a hard credit inquiry under that lender's terms, which you will authorize separately.

6. Funding marketplace fees

There is no fee to apply and no fee if you are not funded. If you accept a funding offer and are funded, you agree to pay HylaeanFunding a success fee of 9% of the funded amount, the same rate across every product, with no minimum fee and a cap of $25,000 per transaction. The success fee is invoiced after funding and is not deducted from your funding proceeds. Your specific fee will be disclosed to you in writing before you accept an offer.

Fees for the business credit building services are separate and are set out in section 7.

7. Business credit building services

These services are sold separately from the funding marketplace and are billed at flat, published prices rather than a success fee.

• Fundability Audit: $299, one time. A review of your business as lenders see it, an eligibility screen, and a written report with a roadmap, delivered within five business days. The $299 is credited toward the price of a build program if you start one.
• Foundation Build: $1,997, one time. Establishing the verifiable foundation and your files with the business credit bureaus.
• Credit Build: $297 per month. Trade account placement, monitoring, and a written report each month. The initial term is six months, because that is how long the work takes to show; after the initial term it continues month to month and either party may end it with notice. Bundled pricing is available and is disclosed before you enroll.

Vendor and monitoring costs are yours. Vendor accounts, trade accounts, and credit monitoring are purchased in your business's name, with your authorization, and are passed through to you at cost and itemized on your invoice. We do not mark them up. We will not open an account on your behalf without written confirmation of which bureaus that account reports to.

What we do not promise. Business credit reporting is voluntary on the part of vendors and bureaus and is not governed by the Fair Credit Reporting Act. Timelines and outcomes depend on vendor, bureau, and lender discretion. We do not guarantee any credit score, any timeline, any credit limit, or any approval. We review your personal credit only diagnostically, so your plan reflects how a lender will read it. We do not sell credit repair, we do not dispute items on your behalf, and we never promise a change to any score.

What stays yours. Every account we help establish is in your business's name. If you end the engagement, the accounts and the payment history remain yours.

(TODO, counsel: confirm whether any of the above requires Texas Finance Code ch. 393 disclosure, the written contract form, or the three-day cancellation right. Our position is that business-purpose credit building sits outside ch. 393 and that only the two consumer-credit products carry it, but the contract language and any required cancellation notice should be drafted before this page goes out.)

8. Your responsibilities

• Provide accurate, non-misleading information.
• Use the Services only for lawful business purposes.
• Do not attempt to disrupt, reverse-engineer, or gain unauthorized access to the Services.
• Maintain the confidentiality of any account or communication credentials.
• If you are enrolled in a build program: keep the vendor and trade accounts we help you open in good standing and pay them on time. The entire value of the work is the payment history those accounts report, and a late payment on one of them sets the build back.

9. Third-party lenders and links

Funding is provided by independent third-party lenders. Your relationship with any lender is governed by that lender's own agreements, which you are responsible for reviewing. We are not responsible for the acts, omissions, products, or terms of any third party, or for third-party websites linked from the Services.

10. Intellectual property

The Services, including text, design, graphics, and logos, are owned by HylaeanFunding or its licensors and are protected by applicable laws. You may not copy, reproduce, or create derivative works without our prior written permission.

11. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not provide legal, tax, accounting, or investment advice.

12. Limitation of liability

To the fullest extent permitted by law, HylaeanFunding will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of your use of the Services or any funding you obtain through them.

13. Indemnification

You agree to indemnify and hold harmless HylaeanFunding and its affiliates from any claims, losses, or expenses arising out of your use of the Services or your breach of these Terms.

14. Changes to these terms

We may update these Terms from time to time. Changes take effect when posted, and the "Last updated" date above will reflect the revision. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of the jurisdiction in which HylaeanFunding is established, without regard to conflict-of-laws principles. (TODO: specify the governing state/jurisdiction.)

16. Contact

Questions about these Terms? Reach us at hello@hylaeanfunding.com, call +1 817-518-1235, or write to us at 950 E State Hwy 114 Ste 160, Southlake, TX 76092.