Terms of Service

Aquify Group LLC

Effective Date: [DATE]

Last Updated: [DATE]

1. Who we are and what we do

Aquify Group LLC ("Aquify," "we," "us," or "our") is a financing intermediary. We help business owners obtain business-purpose financing, including business-purpose home equity lines of credit secured by residential real estate, DSCR investment-property financing, and other business credit products.

We are not a lender. We do not make credit decisions, we do not underwrite, and we do not fund loans. All credit decisions and all funding are made by third-party lenders in their sole discretion, subject to their own underwriting guidelines.

We operate under a small-business exemption in the jurisdictions where we do business. Because the financing we arrange is for business or commercial purposes and not for personal, family, or household purposes, it is not a "residential mortgage loan" for purposes of most state mortgage-loan-originator licensing regimes. We do not arrange consumer-purpose mortgage credit and we do not hold ourselves out as a licensed mortgage broker.

By accessing https://meetaquify.com (the "Site") or using our services (the "Services"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

2. Business purpose is a condition, not a preference

All financing arranged through Aquify must be used primarily for business or commercial purposes. This is not a stylistic distinction. It is the legal basis on which the financing is offered.

By submitting an application you certify that:

• The proceeds will be used primarily for business or commercial purposes;
• The proceeds will not be used for personal, family, or household purposes — including home improvement to a residence you occupy, personal credit card balances, tuition, medical expenses, or paying down the mortgage on the subject property;
• The information you provide about the intended use is true and complete.

You understand and acknowledge that business-purpose loans do not carry the protections of the Truth in Lending Act (15 U.S.C. § 1601 et seq.), the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.), or other federal and state consumer credit statutes that would apply to a consumer-purpose loan. This includes the absence of a federal right of rescission on certain transactions, TILA disclosure timing requirements, and RESPA settlement-service protections.

Misrepresenting the intended use of proceeds may result in denial of your application, revocation of an approval, acceleration of an existing loan by the lender, and potential civil or criminal liability.

3. Nothing here is an offer of credit

No statement on the Site, in any calculator, in any email, in any document we send you, or in any conversation with us constitutes:

• A commitment to lend;
• An offer of credit;
• A guarantee of approval, of any particular amount, rate, term, or fee;
• A representation that any lender will approve your application.

Estimates and calculators. The Site includes tools that produce estimates from figures you supply — including an equity estimate, a debt-service coverage estimate, and a cost-of-capital comparison. These are arithmetic performed on your inputs using stated assumptions. They are not appraisals, not credit decisions, not approved amounts, and not quotes. Actual terms are determined solely by the lender following full underwriting, valuation, and verification.

Illustrative figures. Any rate, payment, term, fee, or amount shown on the Site or in our materials is illustrative, is subject to change without notice, and may not be available to you.

4. How we are compensated

Aquify is compensated in two ways, and you will receive both in writing before you sign any loan document:

1. A placement fee paid by the lender when a loan we arrange funds; and

2. A broker fee, which may apply depending on the file. The amount varies by scenario and is quoted to you as a specific dollar figure before you commit.

Nothing is owed to speak with us, to have your scenario reviewed, or to see your options. We do not charge application fees. We do not charge advance fees for the promise of obtaining financing.

We disclose our total compensation before you sign. We will not present a fee to you for the first time at closing.

5. Credit inquiries

Soft inquiry. By submitting an application, you authorize Aquify and its lending partners to obtain a consumer report through a soft inquiry to evaluate your eligibility. A soft inquiry does not affect your credit score and is not visible to other lenders.

Hard inquiry. A hard credit inquiry will not be performed without your separate, explicit authorization. If a lender requires a hard inquiry to proceed, you will be told in advance and asked to authorize it separately.

Who performs the inquiry. Credit inquiries are performed by our lending partners, who are the parties with a permissible purpose under the Fair Credit Reporting Act. Aquify transmits the information you provide to those partners for that purpose. Aquify does not store consumer reports.

6. Fair Credit Reporting Act notice

In connection with your application, our lending partners may obtain information about you from one or more consumer reporting agencies. This information is used solely to evaluate your eligibility for the products you requested, consistent with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

You have the right to:

• Be told if information in a consumer report was used against you;
• Know what is in your file;
• Dispute incomplete or inaccurate information;
• Have inaccurate, incomplete, or unverifiable information corrected or deleted.

If credit is denied or offered on materially less favorable terms based in whole or in part on a consumer report, the party taking that action will provide you an adverse action notice as required by the FCRA and, where applicable, the Equal Credit Opportunity Act.

For more on your rights, see the Consumer Financial Protection Bureau at consumerfinance.gov.

7. Equal Credit Opportunity

The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to contract), because all or part of the applicant's income derives from a public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

Aquify does not discriminate on any of these bases in deciding whether to work with an applicant or which lenders to approach.

8. Communications, phone numbers, and text messages

Consent is optional and is never a condition of anything. You may submit an inquiry, receive options, and obtain financing without consenting to marketing communications.

Two separate consents. Our forms distinguish between:

• Service messages about a transaction you initiated — status updates, document requests, appointment confirmations, and replies to your questions; and
• Marketing messages — offers, promotions, and updates unrelated to a pending inquiry.

Each is a separate, unchecked, optional box. Checking neither does not affect your application.

What you agree to when you check a box. You agree that Aquify and its lending partners may contact you at the number you provide, including by automatic telephone dialing system, artificial or prerecorded voice, and SMS. Consent is not a condition of any purchase or of receiving credit. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of texts and HELP for help. You may withdraw consent at any time by replying STOP, using the unsubscribe link in any email, or writing to john@aquifygroup.com.

Recording.

9. Electronic signatures and records

By using the Site and submitting any application, form, or consent, you consent to the use of electronic records and electronic signatures under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law.

You acknowledge that:

• Your electronic signature has the same legal effect as a handwritten signature;
• You consent to receive disclosures, notices, and communications electronically;
• You are able to access and retain electronic records in HTML and PDF format, which requires a current web browser, an active email account, and a device capable of viewing and printing or storing such records;
• You may withdraw consent to electronic communications at any time by writing to john@aquifygroup.com, though doing so may prevent us from providing the Services;
• You may request a paper copy of any electronic record by writing to the same address.

10. Accuracy of what you tell us

By submitting any application or form, you certify that the information you provide is true, complete, and accurate. Providing false, misleading, or incomplete information may result in denial or revocation of an application, termination of Services, and civil or criminal liability, including under 18 U.S.C. § 1014 where a federally insured institution is involved.

11. Eligibility

You must be at least 18 years old and legally able to enter into contracts. If you apply on behalf of a business entity, you represent that you are authorized to bind that entity.

We arrange financing only in jurisdictions where our lending partners can originate. Availability is not guaranteed in any jurisdiction and may change.

12. What we do not do

We do not sell, rent, or trade your personal information. We do not operate as a lead generator or data broker, and we do not sell your information to other financing companies. Where a partner refers you to us, we may record that referral source for attribution; that is inbound tracking, not a sale of your data. See the Privacy Policy for detail.

13. Third-party lenders and services

The lenders we introduce you to are independent third parties. Their products, rates, terms, underwriting standards, servicing practices, and privacy practices are their own, and their agreements govern your relationship with them. Aquify is not responsible for a lender's decisions, servicing, or conduct.

We use third-party providers for hosting, analytics, email and SMS delivery, document storage, and identity and income verification. Their handling of data is described in our Privacy Policy.

14. Intellectual property

All content on the Site — including logos, branding, design, text, calculators, and documents — is owned by Aquify Group LLC or its licensors. You may not reproduce, distribute, create derivative works from, or commercially exploit any of it without our written permission. You may print or save materials we send you for your own use in evaluating financing.

15. Acceptable use

You agree not to use the Site to submit false information, to submit an application on behalf of another person without authority, to attempt to access data that is not yours, to interfere with the Site's operation, to scrape or harvest data, or to violate any law.

16. Disclaimer of warranties

The Site and Services are provided "as is" and "as available," without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any estimate or calculator output will match the terms any lender ultimately offers.

We do not provide legal, tax, accounting, or investment advice. Nothing on the Site or in our communications is a recommendation that any particular financing is suitable for you. Consult your own advisors.

17. Limitation of liability

To the maximum extent permitted by law, Aquify Group LLC and its members, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, or lost data, arising from or relating to the Site or Services, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability for any claim relating to the Site or Services will not exceed the greater of the fees you actually paid Aquify in the twelve months preceding the claim, or $500.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold harmless Aquify Group LLC and its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site or Services, your breach of these Terms, your provision of false or misleading information, your use of loan proceeds for a purpose other than a business purpose, or your violation of any law.

19. Dispute resolution

Placeholder: Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by [ADMINISTRATOR] under its commercial rules, in New York County, New York. Each party waives any right to participate in a class or representative action. Either party may bring an individual claim in small claims court. This section does not apply to claims for injunctive relief regarding intellectual property.

20. Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 19, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you consent to personal jurisdiction there.

(The prior version stated "the laws of the United States," which does not identify an enforceable body of contract law. New York is used because Aquify Group LLC's principal place of business is 39 Wooster Street, New York, NY 10013.)

21. Changes to these Terms

We may update these Terms. Material changes will be posted with a revised "Last Updated" date, and where required by law we will provide additional notice. Continued use of the Site after changes take effect constitutes acceptance.

22. Severability, assignment, and entire agreement

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in full force.

You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

These Terms and the Privacy Policy are the entire agreement between you and Aquify regarding the Site and Services, and supersede prior agreements and representations on that subject.

Our failure to enforce a provision is not a waiver of it.

23. Contact

Aquify Group LLC

39 Wooster Street, New York, NY 10013

(619) 277-5736

john@aquifygroup.com