Terms of Use

This is an agreement between you (either an individual or the business entity you represent, "you" or "your") and Banxware Corp., a Delaware corporation with its principal place of business at 225 West 34th Street, 9th Fl, New York, NY 10122 ("Banxware," "we," "us," or "our"). By accessing this website located at www.banxware.com/us and any sub-sites, applications, or portals operated by Banxware Corp. (together, the "Site"), and/or by using any of the Services (as defined below) accessible through the Site, you become a user of the Site and agree to, and are bound by, the terms and conditions of this agreement (these "Terms") for as long as you continue to use the Site or the Services. Where Banxware presents an account registration, application, or similar flow, you will also be asked to accept these Terms affirmatively (for example, by selecting an "I agree" checkbox or button), and your acceptance in that flow constitutes your agreement to these Terms. Our collection, use, and sharing of information is described in the Banxware Corp. Privacy Policy, which is not part of these Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.

Your use of, or participation in, certain Services may be subject to additional terms, which will either be listed in these Terms or presented to you for acceptance when you sign up for such Services. We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of these Terms at any time; please see Section 15 ("Notification of Terms of Use Changes") below. Subject to Section 15, your continued use of the Site or the Services after changes take effect constitutes your acceptance of those changes.

As used in these Terms: "Banxware," "we," "us," and "our" refer to Banxware Corp. Banxware Corp.'s affiliates, and its and their officers, directors, employees, and agents, are intended third-party beneficiaries of Sections 5, 6, and 7. "Service" or "Services" means the orchestration, matching, and related products, services, and software made available through the Site, as described in Section 1 below. "Lending Partner" means a third-party, unaffiliated bank, credit union, non-bank lender, or other commercial funding source to which Banxware may match, refer, or introduce you through the Services.

For clarity, these Terms govern only the U.S. website, orchestration platform, and Services operated by Banxware Corp. They do not apply to, and are not intended to modify, any separate terms of use, loan agreements, or other agreements offered by Banxware GmbH or its affiliates in connection with financing products brokered in Germany or elsewhere in Europe.

THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND BANXWARE MUST BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF NEW YORK APPLIES TO ALL INTERACTIONS BETWEEN YOU AND BANXWARE. YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10(E) BELOW.

BANXWARE CORP. IS NOT A LENDER OR A BANK. BANXWARE CORP. DOES NOT MAKE LOANS, EXTEND CREDIT, OR MAKE CREDIT DECISIONS. BANXWARE CORP. OPERATES AN ORCHESTRATION AND MATCHING PLATFORM THAT CONNECTS BUSINESSES WITH INDEPENDENT, THIRD-PARTY LENDING PARTNERS. ALL FINANCING TERMS, CONDITIONS, APPROVALS, AND ELIGIBILITY ARE DETERMINED SOLELY BY THE PARTICIPATING LENDING PARTNERS.

1. Description of Services

Banxware provides business orchestration and matching services (the "Services") through the Site. Banxware reserves the right to modify, suspend, or discontinue any portion of the Services at any time, in its sole discretion.

1.1 Orchestration and Matching Services. Using proprietary matching technology, which may include automated and AI-assisted tools, and eligibility information provided by you or third parties, Banxware helps qualified small and medium-sized businesses ("SMBs") identify potential financing options and connects such SMBs with Lending Partners that may be able to offer a business loan, line of credit, or other commercial financing product. Banxware assists businesses in identifying financing product types and specific Lending Partners that may offer an opportunity to apply for and obtain business financing. Banxware does not guarantee that any Lending Partner will extend an offer of credit to you, and Banxware does not participate in, control, or guarantee the underwriting, pricing, or funding decisions made by any Lending Partner.

1.2 No Fiduciary or Advisory Relationship. The Services are informational and administrative in nature. Nothing in these Terms, on the Site, or in connection with the Services should be construed as financial, legal, tax, or investment advice, and Banxware does not act as your agent, advisor, or fiduciary in connection with any financing transaction with a Lending Partner.

1.3 Additional Services. Banxware may add, modify, or retire products and features made available through the Site over time, and these Terms will apply to any such additional Services unless separate terms are presented and accepted by you.

1.4 Compensation and Conflicts of Interest. Banxware does not charge you a fee to use the Services unless we tell you otherwise in writing before you incur it. Banxware receives compensation from Lending Partners and other third parties, such as referral fees or commissions, when financing is originated through a match, referral, or introduction made through the Services. [Banxware maintains policies designed to identify and manage conflicts of interest that may arise from this compensation.] This compensation may affect which Lending Partners and offers are presented to you and the order in which they are presented, and not all financing options available in the market are made available through the Services. You should compare offers and review each Lending Partner's terms and disclosures before accepting any financing. Where applicable law requires commercial financing disclosures, they will be provided to you by the Lending Partner or by Banxware at the time of a specific offer.

2. Eligibility and Use of the Site and Services

As a user of the Site, or a user registered to use any of the Services (a "Registered User"), you agree to the following:

2.1. Eligibility. You must be at least 18 years old, and if you are using the Services on behalf of a business, you represent and warrant that you are authorized to bind that business to these Terms. The Services are intended only for businesses organized and operating in the United States, and you represent that neither you nor that business, nor any of its owners, is the target of sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control.

2.2. Exclusive Use. Your account is to be used only by you and only for your business's needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Banxware is not responsible for third-party access to your account resulting from theft or misappropriation of your credentials. You will keep your credentials secure and notify Banxware promptly if you learn of any unauthorized access to or use of your account, and you are responsible for activity under your account until you do so.

2.3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you provide through the Site or the Services, and (ii) your interactions with any third parties, including Lending Partners. Attempts to create duplicate accounts will be rejected, and the associated account(s) may be placed on hold.

2.4. Risk Assumption. You assume all risk when using the Services, including all risks associated with your interactions with third parties, including any Lending Partner to which you are matched, referred, or introduced.

2.5. No Guarantees. Banxware may not be able to provide a match for every business seeking to use the Services and makes no guarantee as to the number, terms, or suitability of any match, referral, or financing offer.

2.6. Accurate Information. You agree to provide accurate, true, current, and complete information. If Banxware determines that information you have provided is incomplete, fraudulent, false, or otherwise inaccurate, Banxware reserves the right to suspend or terminate your access to the Services. You agree to update the information you have provided promptly when it changes.

2.7. Lawful Use. You agree not to use the Site or Services for any unlawful purpose and to comply with all applicable federal, state, and local laws.

2.8. Business Purpose Only. You agree to use the Site and Services solely for a bona fide business purpose and not for personal, family, or household purposes. You may not use the Site or Services to obtain information about, or make decisions regarding, any business other than your own.

2.9. Principals and Authority. If you provide personal information about any owner, officer, director, guarantor, or other individual associated with your business (each, a "Principal"), you represent and warrant that you are authorized to provide that information and to grant the authorizations in this Section 2 on the Principal's behalf, that you have given each Principal any notice and obtained any consent required by applicable law (including for the sharing described in Section 3.3 and the Privacy Policy), and that you will provide reasonable evidence of that authorization on request.

2.10. Credit Authorization. By submitting an application or requesting matches through the Services, you authorize Banxware and its service providers to obtain business credit reports and other business information about your business from commercial credit bureaus and other third-party data providers. You further authorize Banxware and its service providers, under the Fair Credit Reporting Act, to obtain consumer reports on each Principal you identify, solely to evaluate your eligibility for business financing and to match you with Lending Partners, provided that each such Principal has given his or her own written authorization in the application flow before any consumer report on that Principal is obtained. Credit inquiries made by Banxware are intended to be soft inquiries that do not affect credit scores. If you proceed with an application to a Lending Partner, that Lending Partner may obtain its own credit reports under its own terms, which may be hard inquiries that can affect credit scores. If a Lending Partner declines your application or changes an offer based on credit information, the Lending Partner may be required by law to provide you with an adverse action notice.

2.11. Connected Sources. If you connect an accounting, ERP, e-commerce, payment processing, banking, or similar account or platform, a "Connected Source", to the Services, or if the platform or marketplace through which you access the Services shares information about you with Banxware, you authorize Banxware and its service providers to access, retrieve, and use that information [on a read-only basis] to provide the Services, including to evaluate eligibility and to share it with Lending Partners as described in Section 3.3. You represent and warrant that you have the right to grant this authorization and that doing so does not violate your agreement with the operator of the Connected Source. You may revoke a connection at any time through the Connected Source or by contacting Banxware. Revocation stops further access but does not require deletion of information already obtained or shared, which may be retained as described in Section 8.6 and the Privacy Policy.

3. Intellectual Property Rights

3.1 Ownership. Banxware owns all right, title, and interest in and to the Site and the Services, including all related technology, software, and content, which are protected by applicable intellectual property and unfair competition laws. You may use the Site and Services only as expressly authorized by these Terms and may not copy, reproduce, distribute, create derivative works from, reverse engineer, or reverse compile any part of the Site, the Services, or the underlying technology.

3.2 Confidential and Proprietary Materials. You will not post, copy, modify, transmit, disclose, publicly display, distribute, commercially exploit, or create derivative works from any confidential information, copyrighted material, trademarks, or other proprietary content made available through the Site or Services without Banxware's prior written consent.

3.3 License to Information You Provide. By submitting business, financial, or other information or content through the Site or Services, you grant Banxware a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, and disclose such information (i) to operate, provide, and improve the Services, (ii) to match, refer, and transmit your information to prospective Lending Partners for purposes of evaluating and administering potential financing and to service providers that assist Banxware in providing the Services and are subject to confidentiality obligations, and (iii) as otherwise described in Banxware's Privacy Policy. You represent and warrant that you have the right to submit such information and to grant this license.

4. Links to Third-Party Websites; Dealings with Lending Partners and Other Third Parties

The Site and Services may contain links to, or facilitate introductions to, websites and services operated by third parties, including Lending Partners, which are not under Banxware's control. Banxware is not responsible for the content, terms, privacy practices, or conduct of any linked or referred third party, or for any changes or updates to their websites or offers. The inclusion of a link or referral does not imply that Banxware endorses, guarantees, or accepts responsibility for that third party. Any correspondence, application, negotiation, or transaction between you and a Lending Partner or other third party is solely between you and that party, and you agree that Banxware will not be responsible or liable for any loss or damage of any kind incurred as a result of such dealings. Please review our Privacy Policy for more information about how information is shared with Lending Partners and other third parties.

5. Disclaimer of Warranty

THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BANXWARE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BANXWARE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR THAT ANY MATCH, REFERRAL, OR FINANCING OFFER WILL RESULT FROM YOUR USE OF THE SERVICES.

Third-Party Content. Opinions, statements, offers, or other information made available through the Site or Services by parties other than Banxware, including Lending Partners, are those of their respective authors and should not necessarily be relied upon. Banxware does not guarantee the accuracy, completeness, or usefulness of any such information, and does not adopt, endorse, or accept responsibility for it.

Beta Features. From time to time, Banxware may offer new "beta" features or tools for experimental use. Such features are provided without warranty of any kind and may be modified or discontinued at Banxware's sole discretion. This Section 5 applies with full force to any such features.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANXWARE OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF BUSINESS OR FINANCING OPPORTUNITIES, INCREASED COST OF FINANCING, OR SERVICE INTERRUPTIONS, EVEN IF BANXWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF BANXWARE AND ITS AFFILIATES IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS, IF ANY, PAID BY YOU TO BANXWARE FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (USD $100). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANXWARE WILL HAVE NO LIABILITY FOR ANY ACT, OMISSION, DECISION, OR CONDUCT OF ANY LENDING PARTNER OR OTHER THIRD PARTY, INCLUDING ANY DECISION TO APPROVE, DECLINE, DELAY, OR MODIFY THE TERMS OF ANY FINANCING OFFER.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS BANXWARE'S LIABILITY FOR ITS GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Information Verification. Banxware and its service providers may use various methods to verify information submitted by users; none of these methods is infallible, and you agree that Banxware and its service providers will have no liability to you arising from incorrectly verified information.

7. Indemnification

You agree to indemnify, defend, and hold harmless Banxware, its affiliates, and its and their officers, directors, employees, agents, and third-party service providers from and against any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Site or Services, (ii) any content or information you submit, (iii) your violation of these Terms or of any third party's rights, or (iv) your violation of any applicable law, rule, or regulation. Banxware reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Banxware's defense of such claim. Your indemnification obligations do not apply to the extent a loss is caused by Banxware's gross negligence, fraud, or willful misconduct.

8. User Information

8.1 Privacy Policy. For information about how Banxware collects, uses, and shares information, including with Lending Partners, please review Banxware's Privacy Policy, available on the Site. By using the Site or Services, you acknowledge that you have read the Privacy Policy and understand that your information will be collected, used, and shared as described in it.

8.2 Disclosure by Law. Banxware may disclose information you provide if required to do so by law, at the request of a governmental authority, or if Banxware believes in good faith that disclosure is reasonably necessary to (i) comply with legal process, or (ii) protect the rights, property, or safety of Banxware, its users, or third parties.

8.3 Information Security. Banxware maintains administrative, technical, and physical safeguards designed to protect information from unauthorized access, alteration, disclosure, or destruction, consistent with applicable federal and state data-security laws and including, where appropriate, encryption of data in transit and at rest using industry-standard methods, periodic review of data-handling practices, and role-based restriction of access to personnel and service providers who need such access and are subject to confidentiality obligations. No system is completely secure, and Banxware does not guarantee that information will never be accessed without authorization.

8.4 Use of De-Identified Information. By using the Site or Services, you agree that Banxware may use de-identified or aggregated information derived from your use of the Services to improve the Services, develop and train matching and eligibility models, and conduct research, in each case consistent with the Privacy Policy and applicable law. Banxware will not attempt to re-identify de-identified information and will require any recipient of it to agree not to do so.

8.5 License Regarding Your Content. As between you and Banxware, you retain ownership of the content and information you submit. The license in Section 3.3 is the only license you grant Banxware in that content and information, and it is limited to the purposes stated there. Banxware's use of de-identified or aggregated information is governed by Section 8.4.

8.6 Account Deactivation and Data Retention. You may request deactivation of your account at any time by contacting Banxware. Within a reasonable time after your request, Banxware will disable your account and stop further access to your Connected Sources. Banxware and its service providers may retain information (including in archived or backup copies) as required or permitted by law, for recordkeeping and regulatory compliance, and to resolve disputes and enforce these Terms. Lending Partners that have received your information will retain it under their own policies. Retention and deletion of personal information are further governed by the Privacy Policy.

9. Restrictions

You will not, and will make reasonable efforts to ensure that no third party acting on your behalf will:

• Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau, or resell the Services in any manner;
• Use the Services on behalf of any third party or to make financing decisions about any business other than your own;
• Use the Services in violation of any agreement you have with a payment processor, financial institution, or other financial account provider;
• Attempt to build, or assist a third party in building, a competing product or service using access to or information obtained from the Services;
• Use any automated means (bots, scrapers, crawlers) to access the Site or Services without Banxware's prior written consent;
• Use the Services to perpetuate or facilitate fraud of any kind, or in violation of any law, rule, or regulation;
• Use the Services for personal, family, or household purposes, or in connection with a personal (as opposed to business) financial account; or
• Use the Services in any manner not authorized by these Terms.

10. Dispute Resolution by Binding Arbitration

In the interest of resolving disputes between you and Banxware in an expedient and cost-effective manner, you and Banxware agree that any dispute arising out of or relating to these Terms, the Site, or the Services will be resolved by binding arbitration, rather than in court, except as set forth below (the "Agreement to Arbitrate"). This includes disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and disputes that arose before or may arise after termination of these Terms. Arbitration will proceed only on an individual basis; class arbitrations and class actions are not permitted, and the arbitrator may not consolidate more than one person's claims. YOU AND BANXWARE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Agreement to Arbitrate. Except for disputes concerning the enforceability of the class action and class arbitration waiver, which a court will decide, the arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate.

10(a) Exceptions. Nothing in this Section 10 waives or limits either party's right to (i) pursue enforcement actions through applicable federal, state, or local regulatory agencies, (ii) seek injunctive relief in a court of competent jurisdiction, (iii) file suit in court to address intellectual property infringement claims, or (iv) bring an individual action in small claims court, provided the action remains in that court.

10(b) Arbitrator and Rules. Arbitration will be administered by [the American Arbitration Association ("AAA")] under its Commercial Arbitration Rules, as modified by these Terms. Rules and forms are available at www.adr.org or by calling 1-800-778-7879. If twenty-five (25) or more substantially similar demands for arbitration are filed against Banxware by or with the assistance of the same or coordinated counsel, the AAA's supplementary rules for mass or multiple case filings will apply, and the parties agree that such demands may be administered and decided in batches.

10(c) Notice and Process. A party seeking arbitration must first send the other party a written Notice of Dispute by certified mail describing the claim and the relief sought. Notice to Banxware should be sent to: Banxware Corp., Attn: Legal Department, 225 West 34th Street, 9th Fl, New York, NY 10122 ("Notice Address"). If the parties do not resolve the claim within 30 days of receipt of the Notice, either party may commence arbitration.

10(d) Location and Fees. Any in-person hearing will take place in New York, New York, unless the parties agree otherwise. Allocation of arbitration fees will be governed by the applicable arbitration rules, subject to any consumer- or small-business-protective fee-shifting provisions required by law. For claims of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules.

10(e) Opt-Out. You may reject this Agreement to Arbitrate by sending a written opt-out notice to the Notice Address, postmarked no later than thirty (30) days after the date you first accept these Terms. The notice must include your name, business name, address, and the email address associated with your account, and must be signed. Opting out does not affect the remainder of these Terms.

10(f) Severability. If any part of this Section 10 is found invalid or unenforceable, the remaining parts will still apply. If this entire Section 10 is found unenforceable, the exclusive jurisdiction and venue provisions of Section 12 will govern instead. If the class action and class arbitration waiver is found unenforceable as to any claim, that claim will be severed and decided by a court under Section 12.1, and in no event will any claim proceed in arbitration on a class, collective, or representative basis.

11. Telephone, Email, and Text Message Communications

11.1 Call Recording and Monitoring. You acknowledge that telephone calls between you and Banxware, its affiliates, or agents may be monitored or recorded for quality assurance and training purposes, and you consent to such monitoring and recording. Where required by applicable law, we will also tell you at the beginning of a call that it may be recorded.

11.2 Accuracy of Contact Information. You represent that any contact information you provide, including phone numbers and email addresses, is accurate and belongs to you, and you agree to promptly update Banxware if such information changes.

11.3 Consent to Be Contacted. By providing a telephone number to Banxware, you expressly consent to receive calls and text messages (including by autodialer or prerecorded/artificial voice) from Banxware and third parties acting on its behalf, related to your account, your application, or the Services (but not marketing messages), even if your number is on a state or federal do-not-call list. Consent to receive such communications is not a condition of using the Services. Message and data rates may apply. Message frequency varies. Reply HELP for help. Banxware will send marketing text messages or place marketing calls using automated technology only where you have given the express written consent required by law. Banxware may share your mobile phone number with service providers, messaging platforms, and mobile carriers solely to deliver communications and to comply with industry requirements and does not share it with third parties for their own marketing purposes.

11.4 Opting Out. You may opt out of text messages at any time by replying "STOP" to any message received from Banxware or opt out of automated calls by sending written notice to the Notice Address in Section 10(c) or by email to legal@banxware.com, including your name, address, and phone number. Banxware will honor opt-out requests made by any reasonable means within a reasonable time not to exceed ten (10) business days after receipt.

11.5 Indemnification for Contact Information. You agree to indemnify Banxware against claims, including under the Telephone Consumer Protection Act or similar state laws, arising from your provision of a telephone number that is not your own or your failure to timely update your contact information.

12. General Provisions

12.1 Governing Law and Venue. These Terms, the Site, and the Services are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 10, any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

12.2 Injunctive Relief. You acknowledge that a violation of these Terms may cause Banxware irreparable harm, and Banxware will be entitled to seek injunctive and other equitable relief in addition to any other remedies available at law.

12.3 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Banxware regarding your use of the Site and Services, and supersede any prior agreements between you and Banxware on that subject.

12.4 Severability; No Waiver. If any provision of these Terms is held invalid, the remaining provisions will continue in full force and effect. Banxware's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

12.5 Limitation Period. Any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred, to the extent permitted by applicable law.

12.6 Headings. Section titles are for convenience only and have no legal or contractual effect.

12.7 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without Banxware's prior written consent. Banxware may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

13. Content

All text, graphics, user interfaces, visual interfaces, trademarks, logos, artwork, and computer code on the Site (collectively, "Content"), including the design, structure, selection, and arrangement of such Content, are owned by Banxware or its licensors and are protected by copyright, trademark, trade dress, and other intellectual property and unfair competition laws. Any unauthorized use of the Content is at your own risk, and Banxware will pursue all lawful remedies to enforce and protect its rights.

14. Confidentiality

Banxware takes reasonable precautions to protect your account and account information but cannot guarantee the security of information that you disclose or share with third parties, including your own employees, contractors, vendors, or advisors. You are responsible for maintaining the confidentiality of your account credentials. Your use of the Services is further governed by Banxware's Privacy Policy.

15. Notification of Terms of Use Changes

Banxware may update these Terms to reflect changes in its business operations, the Services, or applicable law. If we make material changes, we will notify you by email (to the address associated with your account) or by posting a notice on the Site, and material changes will take effect thirty (30) days after we give notice, except that changes required by law may take effect earlier, as stated in the notice. We encourage you to periodically review this page. When we make changes, we will update the "Effective Date" at the top of these Terms. Changes to Section 10 will not apply to any dispute for which a Notice of Dispute has been received before the change takes effect.

16. Term and Termination

These Terms become effective upon your acceptance, by use of the Site or Services, and remain in effect until terminated as described herein. Banxware may suspend or terminate your access to the Site or Services at any time, for any reason or no reason, with or without notice. Sections 2.3, 2.4, 2.9, 2.10, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 14 will survive any termination of these Terms.

17. Contact Us

Questions about these Terms may be directed to:

Banxware Corp.
Attn: Legal Department
225 West 34th Street, 9th Fl, New York, NY 10122
Email: legal@banxware.com

Banxware Corp. is not a lender and does not make credit decisions. All financing offers are made solely by participating Lending Partners, and financing terms, conditions, and eligibility are determined solely by those Lending Partners and may vary based on applicant qualifications. Banxware Corp. may receive compensation from Lending Partners for referrals or funded transactions, which may impact the placement of financing offers presented to you. Not all financing options available in the market are made available through the Site.