Terms of Service
(Including Security and Usage Policies)
Introduction
These Terms of Service ("Terms," "Agreement") govern your access to and use of the website, mobile applications, and services (collectively, the "Services") provided by Huge Capital, LLC and its parents, subsidiaries, and affiliates ("Huge Capital," "we," "our," or "us").
By accessing or using our Services, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Your continued use of the Services after modifications constitutes acceptance of the revised Terms.
1. Eligibility and Account Registration
1.1 Eligibility Requirements
To use our Services, you must meet the following requirements:
- Must be at least 18 years of age
- Have legal capacity to enter binding contracts
- Be authorized to act on behalf of any business you represent
- Not be prohibited from using our Services under applicable law
- Not reside in a jurisdiction where our Services are prohibited
1.2 Account Registration
You agree to:
- Provide accurate and current information
- Maintain and promptly update your details
- Protect your login credentials and account access
- Notify us immediately of unauthorized access
- Accept responsibility for all activities under your account
1.3 Business Representation
If you act on behalf of a business, you warrant that you have authority to bind it and that it is duly organized and in good standing.
2. Description of Services
2.1 Funding Facilitation and Lending Scope
Huge Capital provides business funding consultation, internal lending and syndication services, and facilitates connections between businesses and third-party lenders or funding partners.
2.2 No Guarantee of Approval or Terms
We do not guarantee:
- Approval or funding from any lender
- Specific loan amounts, interest rates, or terms
- Timing of approvals or disbursements
2.3 Service Modifications
We may modify, suspend, or discontinue Services or eligibility requirements at any time.
3. User Obligations and Prohibited Conduct
3.1 Accuracy of Information
You agree to provide truthful, complete, and up-to-date information and promptly update material changes.
3.2 Prohibited Activities
You may not:
- Provide false or misleading information
- Impersonate others
- Use Services for illegal or unauthorized purposes
- Interfere with system security
- Use automated bots or scrapers
- Reverse engineer any Service component
- Transmit malware or harmful code
- Violate any applicable laws or third-party rights
3.3 Compliance with Laws
You agree to comply with all federal, state, and local laws, including but not limited to: TILA, FCRA, ECOA, AML, KYC, and beneficial ownership regulations.
4. Credit Inquiries and Verification
We may conduct soft credit checks for prequalification; third-party lenders may conduct hard inquiries during underwriting. Your explicit consent will be obtained prior to any hard pull.
We may also verify your identity, business information, and banking data through third-party vendors for compliance, fraud prevention, and ongoing monitoring purposes.
5. Fees and Payment Terms
5.1 No Application Fees
Huge Capital does not charge fees for submitting an application or receiving pre-approval.
5.2 Third-Party Fees
Lenders may charge origination, processing, or administrative fees disclosed in their own agreements.
5.3 Referral and Broker Compensation
Huge Capital may receive commissions, referral fees, or syndication income from lenders or funding partners. These do not increase the borrower's cost.
5.4 Clawbacks and Reversals
All payments, commissions, or credits are contingent upon successful and irrevocable funding. Huge Capital reserves the right to reverse or offset any payments within ninety (90) days of the triggering event, including lender clawbacks, chargebacks, cancellations, or disputes.
6. Loan Terms and Third-Party Relationships
All loan or funding agreements are directly between you and the relevant lender or partner. Huge Capital is not responsible for lender decisions, collections, defaults, or credit reporting.
7. Intellectual Property Rights and Data Ownership
7.1 Ownership
All Service content belongs to Huge Capital or its licensors.
7.2 License
You are granted a limited, non-exclusive, revocable license to use the Services for their intended business purpose.
7.3 Client and Lead Data
All client submissions, funding applications, and leads transmitted through the Services contain information that may be used by Huge Capital for business purposes as described in our Privacy Policy. Unauthorized use constitutes a material breach.
7.4 Feedback
Feedback and suggestions become Huge Capital's property without obligation or compensation.
8. Privacy and Communications
8.1 Privacy
Your use of the Services is governed by our Privacy Policy, incorporated herein by reference.
8.2 Security
While we employ commercially reasonable safeguards, we cannot guarantee absolute data security.
8.3 TCPA and Communication Consent
By providing your contact information, you consent to receive communications from Huge Capital, including emails, texts, and calls (including autodialed or prerecorded messages). Standard message and data rates may apply. You may opt out by:
- Replying STOP to text messages
- Clicking unsubscribe in emails
- Contacting [email protected]
Account-related and transactional communications may continue even after marketing opt-out.
9. Representations and Warranties
You represent and warrant that you:
- Are duly organized and in good standing
- Have legal authority to engage in the Services
- Will not use the Services for fraudulent purposes
- Are not subject to any pending bankruptcy proceedings or insolvency actions
- Will comply with all lender and regulatory requirements
- Are not subject to sanctions or restrictions under applicable law
10. Disclaimers and Limitations of Liability
10.1 No Fiduciary Relationship
Use of the Services does not create any fiduciary, advisory, or agency relationship.
10.2 "As Is" Services
All Services are provided "as is" and "as available," without warranties.
10.3 Partner and Lender Conduct
Huge Capital shall not be responsible for representations, actions, or omissions of any independent partners or third-party lenders.
10.4 Limitation of Liability
Total liability shall not exceed the greater of $100 or the total amount paid to us in the six months preceding the claim.
10.5 No Consequential Damages
We are not liable for indirect, special, incidental, or punitive damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Huge Capital from claims arising from:
- Your use of the Services
- Violations of these Terms or applicable law
- Misrepresentation or unauthorized actions
- Disputes with lenders or funding partners
- Any breach of your representations and warranties
12. Dispute Resolution
12.1 Informal Resolution
Parties will attempt good-faith informal resolution before arbitration.
12.2 Arbitration
Binding arbitration under Commercial Arbitration Rules of the American Arbitration Association. Clark County, Nevada.
12.3 Class Action Waiver
All proceedings must be individual.
12.4 Exceptions
Small claims, IP protection, and collection actions may proceed in court.
12.5 Survival
This arbitration clause and class waiver survive termination.
13. Term and Termination
Either party may terminate Services or accounts at any time. Upon termination:
- Your right to access immediately ceases
- We may delete your account data
- You remain responsible for any outstanding obligations
14. Miscellaneous
This section addresses the following provisions: Entire Agreement, No Third-Party Rights, Assignment, Force Majeure, No Waiver, Severability, and Electronic Communications.
15. Governing Law and Jurisdiction
Laws of the State of Nevada, without regard to conflict of law provisions. Clark County, Nevada for disputes not subject to arbitration.
16. Sanctions and Restricted Parties
You represent that you are:
- Not listed on any U.S. government restricted list
- Not located in an embargoed country
- Not subject to OFAC sanctions
17. Contact Information
Huge Capital Funding, LLC
930 S 4th St, STE 209, Las Vegas, NV 89101
Email: [email protected]
Phone: (435) 375-3423
Monday – Friday, Business Hours MST
18. Accessibility
To request these Terms in an alternative format, please contact us.
19. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.