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    Terms of Service

    Effective 10/8/2025

    My Funding Machine, LLC ("My Funding Machine," "Company," "we," "our," or "us") provides the MyFundingMachine.com software-as-a-service platform and related services (collectively, the "Services"). These Terms of Service (this "Agreement") govern your subscription to and use of the Services. By registering for an account, accessing, or using the Services, you agree to be bound by this Agreement. If you do not agree, do not register, access, or use the Services.

    1. Definitions

    "Client": A user of the Services who uses the MyFundingMachine platform to serve their own customers or applicants.

    "End-User Data": Any personal, sensitive, financial, or credit-related information collected by Clients from their own customers through the use of the platform (e.g. SSN, DOB, EIN, credit reports).

    "User Content": Any data, content, materials, or information input or uploaded by you or your End Users via the Services.

    2. Acceptance and Changes

    When you create an account or use the Services, you represent that you are of legal age to form a binding contract and that the information you provide is accurate. We may modify or update this Agreement from time to time. If we make material changes, we will post the revised Agreement on the Site. Your continued use following changes constitutes acceptance of the updated terms.

    3. Use of Services

    Account & Registration: You may need to provide accurate, complete, and current information during registration. You are responsible for safeguarding your login credentials. All activity under your account is your responsibility.

    Permitted Use: Use the Services only for lawful business purposes. Clients must comply with all applicable laws and regulations, including those related to data collection, storage, and use (for example GLBA, FCRA, TCPA, CAN-SPAM, state licensing laws).

    Prohibited Use: You may not use the Services to engage in any unlawful, fraudulent, or harmful activity. You may not disrupt or interfere with the Services or access them in unauthorized ways.

    4. Client Relationship, Roles & Data

    Our Role: My Funding Machine acts solely as a data processor for any End-User Data collected by you through the platform. We do not collect Social Security Numbers, Dates of Birth, EINs, credit reports, or other sensitive personal information directly (except as necessary for billing or account verification). However, when such information is submitted by your end-users through your use of the software, it may be stored in our secure CRM environment as part of providing hosting and automation services on your behalf.

    How Data Is Stored: All client and end-user data—whether personal or business—is encrypted in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent). Access to databases is restricted by role-based permissions and multi-factor authentication. SSNs and other highly sensitive identifiers are tokenized or stored in hashed form wherever technically feasible. Backups are encrypted and retained for disaster-recovery purposes only. We maintain continuous monitoring, logging, and periodic penetration testing consistent with industry standards for financial-technology processors.

    Controller Role of Client: You, the Client, serve as the data controller. You determine what data you collect, ensure lawful collection and storage, obtain appropriate consents, maintain your own privacy policy, and remain solely responsible for compliance with applicable laws and regulations (including but not limited to the FCRA, and state-specific bonding or licensing rules).

    Security Incident & Breach Response: In the event My Funding Machine becomes aware of any confirmed unauthorized access, acquisition, or disclosure of End-User Data (a "Security Incident"), we will:

    • Notify you within 72 hours of confirmation;
    • Provide all information reasonably available to help you meet any legal or regulatory obligations; and
    • Promptly take corrective measures to contain and remediate the incident.

    You are responsible for notifying your own end-borrowers or regulators when required by applicable law. Both parties agree to cooperate in good faith to mitigate any potential harm resulting from a Security Incident.

    Limitation of Liability for Security Incidents: To the maximum extent permitted by law, My Funding Machine's total aggregate liability for any damages arising out of or related to a Security Incident—whether in contract, tort, or otherwise—shall not exceed the greater of (a) the fees paid by you for the six (6) months immediately preceding the incident or (b) $1,000. In no event shall My Funding Machine be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use, even if advised of the possibility of such damages. Nothing in this section limits liability for gross negligence or willful misconduct.

    5. Fees, Billing & Subscription

    You agree to pay all subscription and usage fees for the Services selected. Fees may be invoiced in advance (monthly or annually). You must provide valid billing information and notify us of any changes. If payment is not made, we may suspend or terminate your access to the Services. Refunds are granted only as explicitly stated in this Agreement or as required by law.

    6. Intellectual Property

    Company Ownership: My Funding Machine retains all rights, title, and interest in the Services, software, trademarks, logos, and other intellectual property, except for User Content that you provide.

    License to Use User Content: By uploading or entering User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, store, transmit, and display such content as needed to provide the Services. You represent that you have all necessary rights to grant this license for any content you upload.

    7. Privacy & Security

    All data, including any Personally Identifiable Information (PII) or End-User Data collected by you, is stored and processed in accordance with our Privacy Policy and industry best practices.

    Data Protection Measures: We employ encryption in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent), role-based access controls, multi-factor authentication, secure backups, and continuous system monitoring to protect stored data. Access to PII, such as Social Security Numbers, Dates of Birth, and other sensitive identifiers, is restricted to authorized personnel only and is logged for audit purposes. Sensitive data fields may be masked, hashed, or tokenized where technically feasible.

    Client Responsibilities: You are responsible for (a) obtaining all required consents from End-Users before collecting any PII; (b) ensuring your collection, use, and disclosure of PII complies with applicable privacy, financial, and consumer-protection laws (including GLBA, FCRA, and relevant state data-security statutes); and (c) safeguarding your account credentials and ensuring all activity performed through your account is authorized.

    Data Retention and Deletion: End-User Data and PII are retained only for as long as necessary to provide services under this Agreement or as required by law. Upon termination or your written request, we will delete or anonymize such data within a reasonable timeframe, except where retention is legally required or for system-backup integrity.

    Security Incidents: If a confirmed unauthorized access or breach involving PII occurs, we will notify you in accordance with our breach-notification policy (see Section 4) and cooperate in good faith to mitigate potential harm.

    8. Limitation of Liability & Disclaimers

    General Disclaimer: The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, title, or non-infringement. My Funding Machine does not guarantee that the Services will be uninterrupted, error-free, secure, or that any data will be completely free from unauthorized access or disclosure.

    No Indirect or Consequential Damages: To the maximum extent permitted by law, My Funding Machine and its officers, directors, employees, contractors, affiliates, and licensors (collectively, the "My Funding Machine Parties") will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages (including loss of profits, revenue, goodwill, data, or use), whether arising from contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

    Data Security & Breach Liability: While My Funding Machine implements and maintains industry-standard safeguards to protect data (as described in Sections 4 and 7), you acknowledge that no system is completely immune from unauthorized access or breach. In the event of a confirmed Security Incident involving End-User Data or PII, My Funding Machine's liability shall be strictly limited to direct damages resulting solely from its gross negligence or willful misconduct. In no event shall My Funding Machine's total aggregate liability for any Security Incident exceed the greater of: (a) the total fees paid by you for the Services during the six (6) months immediately preceding the incident, or (b) one thousand U.S. dollars ($1,000.00).

    Aggregate Limitation: Except where prohibited by applicable law, the total aggregate liability of the My Funding Machine Parties for all claims, losses, damages, or causes of action arising out of or relating to the Services or this Agreement shall not exceed the greater of: (a) the total fees paid by you for the Services during the three (3) months immediately preceding the event giving rise to liability, or (b) one thousand U.S. dollars ($1,000.00).

    Scope of Limitation: These limitations apply to all causes of action, whether in contract, tort, statute, or otherwise, and regardless of whether any limited remedy fails of its essential purpose. Nothing in this Section limits liability for fraud, gross negligence, or willful misconduct where such limitation is prohibited by law.

    Summary: In short, My Funding Machine provides software tools and data-processing infrastructure but does not assume responsibility for the content of data collected by you or for incidental damages resulting from service interruptions or data breaches beyond the limits stated above.

    9. Indemnification

    You agree to indemnify, defend, and hold harmless My Funding Machine and its officers, directors, agents, affiliates, successors, and assigns from and against any claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys' fees) arising from:

    • Your use of the Services;
    • Your breach of this Agreement;
    • Any violation by you or your End Users of applicable laws or regulations;
    • Your User Content; or
    • Claims arising out of messages, communications, or content you send or cause to be sent using the Services.

    10. Termination

    10.1 Termination by Us: We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, with or without notice, including but not limited to: (a) violation of these Terms or any applicable law or regulation; (b) non-payment or failure to maintain a valid billing method; (c) misuse of the Services; or (d) legal, regulatory, or security concerns requiring suspension. We will make reasonable efforts to notify you before termination unless immediate suspension is necessary to prevent harm, protect data, or comply with legal obligations.

    10.2 Termination by You: You may terminate your account and cease use of the Services at any time by following the account cancellation process provided in your dashboard or by notifying us in writing. Termination by you does not relieve you of any outstanding payment obligations or other accrued liabilities as of the effective termination date.

    10.3 Effect of Termination: Upon termination or expiration of your account for any reason:

    • Your access to the Services and platform features will immediately end;
    • All licenses and rights granted to you under this Agreement will terminate;
    • My Funding Machine will retain your data for a limited period (up to 30 days) to allow you to export or request deletion of data, after which such data may be permanently deleted in accordance with our Privacy Policy and data-retention schedule;
    • You acknowledge that deleted data cannot be recovered once permanently removed.

    10.4 Data Retention and Export: Prior to or within the 30-day post-termination period, you may request in writing a copy of your available End-User Data or reports in a commonly used electronic format. My Funding Machine reserves the right to charge a reasonable administrative fee for data export requests made after termination.

    10.5 Continuing Obligations: Sections regarding Payment, Intellectual Property, Confidentiality, Data Protection, Indemnification, Limitation of Liability, and Dispute Resolution will survive termination. Any rights or remedies accrued prior to termination will remain in full effect.

    10.6 No Liability for Termination: To the fullest extent permitted by law, My Funding Machine will not be liable to you or any third party for any suspension or termination of your access to the Services, loss of data after the retention period, or inability to access data following termination.

    11. Governing Law, Arbitration, and Dispute Resolution

    This Agreement will be governed by the laws of the State of Utah, in the county of Utah, without regard to conflict of laws principles. Any dispute, controversy, or claim arising from or relating to this Agreement must be resolved by binding individual arbitration in Utah, unless otherwise required by law. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS-WIDE PROCEEDING.

    12. Miscellaneous

    Entire Agreement: This Agreement, together with the Privacy Policy and any Data Processing Agreement, constitutes the entire agreement between you and My Funding Machine regarding the Services.

    Severability: If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

    No Waiver: Failure by either party to enforce any right under this Agreement does not waive that right.

    Notices: All notices under this Agreement may be given via email to info@myfundingmachine.com or through the contact address provided in your account registration.