Terms of Service Effective Date: May 16, 2026 Last Updated: May 16, 2026 These Terms of Service ("Terms") govern your access to and use of ubizcap.com (the "Site") and the services offered by UBizCap, a subsidiary of Ultimate Business Capital ("UBizCap," "we," "us," or "our"). By accessing the Site, submitting an application, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, do not use the Site. 1. Eligibility The Site and our services are intended for use by business owners and authorized representatives of businesses located in the United States who are at least 18 years of age. By using the Site, you represent and warrant that you meet these requirements and that you have the authority to submit information on behalf of the business identified in your application. 2. Nature of Services UBizCap is not a lender. We do not make funding decisions, issue commitments, or extend credit. UBizCap provides commercial finance services, which include collecting business information and connecting applicants with independent third-party funding sources who make their own underwriting and funding decisions under their own terms. Any funding offer you receive is between you and the independent funding source. UBizCap is not a party to that transaction and makes no representation or warranty regarding the terms, performance, or suitability of any offer. 3. Applications and Information You Submit You agree that all information you submit through the Site, by phone, by email, or by any other means is true, accurate, complete, and current. You authorize UBizCap and the funding sources to whom we submit your file to:
Verify any information you provide.
Obtain consumer and business credit reports.
Contact references, banks, processors, and other third parties identified in your application.
Communicate with you by phone, SMS, and email at the contact information you provide.
You agree to promptly update us if any information changes. Submitting false or misleading information may result in denial, withdrawal of any offer, or other legal consequences. 4. No Guarantee of Funding Submission of an application does not guarantee that you will receive an offer or funding. Funding decisions, terms, pricing, and timing are determined solely by the independent funding sources. UBizCap makes no representation that funding will be available, that any specific terms will be offered, or that any application will be approved. 5. Fees and Compensation UBizCap may receive compensation from funding sources in connection with completed transactions. This compensation does not increase the cost to you and is disclosed to you to the extent required by applicable law. 6. Communications Consent By providing your contact information, you expressly consent to receive telephone calls (including autodialed and prerecorded calls), SMS/text messages, and emails from UBizCap and its funding sources at the phone numbers and email addresses you provide, regarding your application and related commercial financing matters. Consent is not a condition of any purchase. Message and data rates may apply. Reply STOP to opt out of SMS. Calls may be recorded for quality and compliance purposes. See our Privacy Policy for details. 7. Intellectual Property The Site and its content — including text, graphics, logos, images, software, and the "UBizCap" name and marks — are owned by or licensed to UBizCap and protected by U.S. and international intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any portion of the Site without our prior written consent, except for personal, non-commercial use of publicly accessible pages. 8. Acceptable Use You agree not to:Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
Submit false, fraudulent, or misleading information.
Attempt to gain unauthorized access to any portion of the Site, our systems, or other users' information.
Interfere with the operation of the Site, including by introducing viruses, malware, or other harmful code.
Use automated means (bots, scrapers, crawlers) to access the Site, except for publicly accessible content indexed by search engines.
Use the Site to harass, abuse, or harm any person.
Reverse engineer, decompile, or attempt to extract source code from any part of the Site.
9. Third-Party Links and Content The Site may contain links to third-party websites or content. We do not control, endorse, or assume responsibility for any third-party site, content, or service. Your use of any third-party site is at your own risk and subject to that site's terms. 10. Disclaimers THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. UBIZCAP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION ON THE SITE IS COMPLETE OR CURRENT. UBIZCAP DOES NOT WARRANT, ENDORSE, OR GUARANTEE THE TERMS, PERFORMANCE, OR ACTS OF ANY FUNDING SOURCE OR THIRD PARTY. 11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, UBIZCAP, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF UBIZCAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBIZCAP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law. 12. Indemnification You agree to indemnify, defend, and hold harmless UBizCap, its parent, affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any information you submit through the Site. 13. Governing Law and Venue These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the Site that is not subject to arbitration under Section 14 shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of those courts. 14. Binding Arbitration and Class Action Waiver Please read this section carefully. It affects your legal rights. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services (a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming, or by video conference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction. Class Action Waiver. You and UBizCap agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Opt-out. You may opt out of this arbitration provision by sending written notice to info@ubizcap.com within 30 days of first accepting these Terms. 15. Changes to These Terms We may modify these Terms at any time. Material changes will be posted on the Site with an updated "Last Updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. 16. Termination We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and arbitration — will survive. 17. Miscellaneous These Terms, together with the Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between you and UBizCap regarding the Site. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms freely. 18. Contact UBizCap A subsidiary of Ultimate Business Capital 30 N. Gould St, Ste N Sheridan, WY 82801 Phone: (602) 497-4957 Email: info@ubizcap.com UBizCap is not a lender. All funding decisions are made by independent funders. Funding statistics referenced on the Site reflect aggregate platform performance of the commercial receivables syndication platform on which UBizCap operates. Past performance does not guarantee future results. Not available in all states.