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LEGAL

Terms of Service

Effective Date: March 2025

Please read these Terms of Service (“Terms”) carefully before using the services offered by Smply Capital LLC (“Smply Capital,” “we,” “us,” or “our”). By accessing or using our website and services, you agree to be bound by these Terms.

1. Services

Smply Capital is a commercial loan brokerage that connects borrowers with lending partners. Our services include:

  • Reviewing and analyzing your commercial loan scenario
  • Matching your needs with appropriate lending programs from our network
  • Facilitating introductions between borrowers and lenders
  • Providing general information about commercial financing options

We are a broker, not a lender. We do not make lending decisions and do not guarantee that any loan will be originated.

2. Eligibility

Our services are available only to individuals and entities that are at least 18 years of age and are legally capable of entering into binding contracts. By using our services, you represent and warrant that you meet these requirements.

3. No Guarantee of Financing

Submission of a loan scenario does not constitute an application for credit and does not guarantee that financing will be obtained. All loan products are subject to underwriting approval and program availability by the respective lender. Smply Capital makes no representations or warranties regarding the availability, terms, or approval of any loan.

4. Accuracy of Information

You agree to provide accurate, complete, and truthful information when submitting a scenario or communicating with us. Providing false or misleading information may result in termination of services and may violate applicable law.

5. User Conduct

You agree not to:

  • Use our services for any unlawful purpose
  • Interfere with or disrupt the operation of our website
  • Attempt to gain unauthorized access to any portion of our systems
  • Use automated tools to scrape or harvest data from our website
  • Transmit any malicious code, viruses, or harmful data

6. Fees

Smply Capital charges no upfront fees to borrowers. Our compensation, when applicable, is typically a broker fee paid by the lender at loan closing. Any applicable fees will be clearly disclosed prior to closing.

7. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Smply Capital LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.

8. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party services is governed by their respective terms and policies.

9. Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Information provided on our website is for general informational purposes only and does not constitute financial, legal, or investment advice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMPLY CAPITAL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED $100.

11. Indemnification

You agree to indemnify and hold harmless Smply Capital LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our services, your violation of these Terms, or your provision of inaccurate information.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting a notice on our website. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

14. Contact Us

If you have questions about these Terms, please contact us:

  • Email: info@smplycapital.com
  • Phone: (516) 397-2280
  • Address: Smply Capital LLC, New York, NY
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