Terms of Use & Service Agreement

1. Acceptance of Terms

By accessing, browsing, registering for, or otherwise using the SERVEBANK website, digital marketplace, and related technology platforms (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use, along with our Privacy Policy, Disclaimer, and Copyright Notice.

If you do not agree to every provision of these Terms of Use, you must immediately discontinue your use of the Platform.

2. Nature of the Platform (Technology Provider Only)

• Not a Financial Institution or Lender: SERVEBANK is strictly a financial technology platform and digital matching marketplace. We are not a bank, credit union, broker, lender, loan originator, underwriter, or loan servicer.
• Intermediary Role: Our sole function is to provide an online medium that connects qualified borrowers seeking financing or loans with third-party financial entities, including traditional banks, private lenders, institutional investors, fintech companies, and specialty finance providers (collectively, "Lenders").
• No Endorsements or Guarantees: SERVEBANK does not broker, issue, or fund loans, nor do we make credit decisions or guarantee loan approvals, interest rates, loan terms, or funding availability. All financial products, loan offers, and terms are extended entirely at the discretion of the participating Lenders.

3. User Eligibility and Registration

• Eligibility: To use the Platform, you must be at least 18 years of age (or the age of majority in your applicable jurisdiction) and possess the legal authority to enter into a binding contract.
• Account Security: If you create an account on the Platform, you are solely responsible for maintaining the strict confidentiality of your login credentials. You agree to accept full responsibility for all activities that occur under your account. You must notify SERVEBANK immediately of any unauthorized use or security breach.
• Accurate Information: You warrant and represent that all information you provide to SERVEBANK and participating Lenders is accurate, current, complete, and truthful.

4. User Conduct and Prohibited Activities

You agree that you will not use the Platform to:

• Violate any applicable local, state, national, or international law, rule, or regulation.
• Submit fraudulent, false, or misleading financial data, identity credentials, or loan applications.
• Interfere with, disrupt, or compromise the security or integrity of the Platform, servers, or networks.
• Utilize any automated software, bots, scrapers, or spiders to extract data or content from the Platform without prior written consent from SERVEBANK.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

5. Disclaimer of Warranties

THE PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVEBANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SERVEBANK MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY LOAN OR FINANCING MATCH WILL BE SUCCESSFUL.

6. Limitation of Liability and Assumption of Risk

• No Liability for Transactions: SERVEBANK shall not be a party to any loan agreement, contract, or financial transaction negotiated or executed between a borrower and a Lender.
• Waiver of Claims for Losses: To the maximum extent permitted by law, SERVEBANK, its officers, directors, employees, agents, and affiliates shall bear zero liability for any direct, indirect, incidental, special, consequential, or punitive damages, or any financial losses, monetary defaults, credit score impacts, business interruptions, or lost profits arising from:
  • The use of or inability to use the Platform;
  • Any financial transaction, loan agreement, or interaction between borrowers and Lenders;
  • The actions, omissions, negligence, fraud, or default of any Lender, private investor, or specialty finance provider utilizing the Platform.
• Independent Due Diligence: Lenders, private lenders, institutional investors, and borrowers acknowledge and agree that they are solely responsible for conducting their own independent due diligence, credit assessments, and risk evaluations prior to entering into any financial arrangement.

7. Indemnification

You agree to defend, indemnify, and hold harmless SERVEBANK Financial Inc., its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your misuse of the Platform, including, but not limited to, any disputes or claims originating from transactions with third-party Lenders or borrowers.

8. Governing Law, Jurisdiction, and Dispute Resolution (Arbitration)

• Governing Law: These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.
• Mandatory Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, interpretation, performance, breach, or termination, shall be settled exclusively by binding arbitration administered by the State of Delaware Arbitration Court (or an equivalent recognized arbitration tribunal in Delaware), in accordance with its commercial rules.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

9. Modifications to Terms

SERVEBANK reserves the right to modify, amend, or update these Terms of Use at any time, in its sole discretion. Any changes will become effective immediately upon posting the updated Terms on this page, alongside a revised Effective Date. Your continued use of the Platform after any modifications signifies your binding acceptance of the updated Terms.

Related: Copyright Notice · Disclaimer · FAQ