Terms of Service

This page is a plain-language template provided for general informational purposes only and does not constitute legal advice. MCA Simplified encourages you to consult your own counsel before relying on these terms for your business.

1. Acceptance of these terms

These Terms of Service (the “Terms”) form a binding agreement between you and MCA Simplified (“MCA Simplified,” “we,” “us,” or “our”) and govern your access to and use of our websites, applications, broker workspace, white-label merchant portals, and related services (collectively, the “Service”), available at mcasimplified.com. By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference.

If you are entering into these Terms on behalf of a company, brokerage, ISO, or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity. You must be at least 18 years old and able to form a binding contract to use the Service. If you do not agree to these Terms, you may not use the Service.

2. Accounts & access

To use most features of the Service you must register for an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity that occurs under your account and for safeguarding your login credentials, including those of any team members, agents, or sub-users you invite into your workspace.

Your administrators may create, manage, and remove user seats and may control the permissions and data each user can access. You are responsible for the conduct of every user you authorize and for ensuring they comply with these Terms. Notify us promptly at sales@mcasimplified.com if you become aware of any unauthorized access to or use of your account. We may suspend or disable credentials we reasonably believe have been compromised or used in violation of these Terms.

3. Subscriptions & billing

Access to the Service is provided on a subscription basis under the plan, seat count, and billing frequency set out in your order, online checkout, or a separate written order form. Unless stated otherwise, subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current rates, and you authorize us or our payment processor to charge your payment method on each renewal until you cancel.

• Fees and taxes. All fees are stated and payable in U.S. dollars and are exclusive of taxes, which you are responsible for unless we are legally required to collect them.
• Cancellation. You may cancel renewal at any time from your account settings or by contacting us; the cancellation takes effect at the end of your current billing period.
• Non-refundable. Except where required by law or expressly stated in writing, fees already paid are non-refundable, and we do not provide refunds or credits for partial periods or unused seats.
• Late or failed payment. If a charge fails or an invoice is past due, we may suspend the Service after reasonable notice until amounts owed are paid.
• Changes to pricing.We may change our fees on prospective renewal terms by giving you at least 30 days’ notice before the start of the next billing period.

4. Acceptable use

You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations, including those governing commercial financing, consumer protection, fair lending, marketing and telemarketing, and the handling of business and personal information. You are solely responsible for the merchant cash advance transactions, submissions, offers, disclosures, and communications you create or manage using the Service.

You agree not to, and not to permit any user to:

• use the Service to send unlawful, deceptive, harassing, or unsolicited communications, or to broker transactions in violation of applicable disclosure or licensing requirements;
• upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or our systems and networks;
• reverse engineer, decompile, copy, resell, sublicense, or create derivative works of the Service except as permitted by law;
• probe, scan, or test the vulnerability of the Service, or circumvent any rate limits, security, or access controls;
• use the Service to build a competing product, or to overload, interfere with, or disrupt the integrity or performance of the Service.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably determine violates these Terms or creates risk or possible liability for us or other users.

5. Customer data & ownership

As between you and us, you retain all rights in the merchant records, owner and contact details, documents, submissions, offers, deal data, and other content you or your users submit to the Service (“Customer Data”). You grant us a limited, non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely as needed to provide, secure, maintain, and improve the Service and to comply with law.

You represent that you have the rights and any necessary consents to provide Customer Data to us and that our use of it as described will not violate any law or third-party right. We may generate and use aggregated or de-identified data derived from use of the Service for analytics, benchmarking, and improving our products, provided such data does not identify you, your users, or your merchants. We retain all rights in the Service itself, including our software, branding, and underlying technology.

6. Confidentiality

Each party may receive information from the other that is marked confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure (“Confidential Information”). The receiving party will use the disclosing party’s Confidential Information only to perform under these Terms, will protect it with at least the same care it uses for its own similar information (and no less than reasonable care), and will not disclose it except to employees, contractors, and advisors who need to know it and are bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed without use of the Confidential Information, or is rightfully received from a third party. A party may disclose Confidential Information if required by law, provided it gives reasonable advance notice where legally permitted.

7. Disclaimers

The Service is a software tool for organizing your brokerage operations. MCA Simplified is not a lender, funder, broker, or financial, legal, tax, or compliance advisor, and nothing in the Service constitutes financial or legal advice or an offer or commitment to fund any advance. Funder criteria, offers, factor rates, and matches surfaced in the Service are informational and may change; you are responsible for verifying terms directly with the relevant funder and for the accuracy and compliance of all deals you conduct.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE FREE FROM LOSS OR INACCURACY.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS, A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, OR YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

9. Termination

You may stop using the Service and cancel your subscription at any time as described in Section 3. We may suspend or terminate your access if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, if required by law, or if continued provision of the Service poses a security or legal risk. Either party may terminate for convenience at the end of the then-current subscription term.

Upon termination, your right to access the Service ends. For a limited period after termination, you may export your Customer Data using available tools; after that period we may delete or de-identify Customer Data in the ordinary course, subject to legal retention requirements. Provisions that by their nature should survive termination — including those on customer data, confidentiality, disclaimers, limitation of liability, and governing law — will survive.

10. Changes to these terms

We may update these Terms from time to time to reflect changes to the Service or for legal, regulatory, or operational reasons. If we make material changes, we will provide reasonable notice — for example, by email or an in-product notice — before they take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them. If you do not agree to the changes, you should stop using the Service and may cancel as described above.

11. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. You and MCA Simplifiedagree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration or small-claims resolution, and each party consents to personal jurisdiction and venue there. Nothing in these Terms limits either party’s ability to seek injunctive relief to protect its intellectual property or Confidential Information.

12. Contact

Questions about these Terms? We’re happy to help. Reach our team at sales@mcasimplified.comand we’ll get back to you. You can also reach us through the contact page on our website.