Terms of Use

Short version: this site is a marketing site for a commercial finance company. Nothing on it is a loan offer. The numbers the calculators show are examples, not quotes. Everything real gets decided in underwriting and written into a contract you sign.

Here are the full rules for using it.

1. Accepting these terms

This website is operated by TrueSpark Financial. By using the site, reading it, using a calculator, submitting a form, or starting an application, you agree to these Terms of Use and to our Privacy Policy. If you do not agree, do not use the site.

In these terms, "we", "us" and "TrueSpark Financial" mean [LEGAL ENTITY NAME TO BE CONFIRMED], doing business as TrueSpark Financial. "You" means the business you represent and you personally, as its authorized representative.

2. Who can use this site

This site is for business use only. To use it or apply, you confirm all of the following:

• You are at least 18 years old.
• You are acting for a business, not for personal, family or household purposes.
• You are authorized to act for that business and to bind it to these terms and to any application you submit.
• The information you give us is true, current and complete, and you will correct it if it changes.
• You are located in the United States.

Our financing products are commercial credit. They are not consumer credit, and consumer lending protections do not apply to them.

3. Nothing here is an offer to lend

Submitting an application does not obligate us to fund it, and it does not obligate you to accept anything we come back with. Program names, funding ranges, credit tiers, approval times and funding times describe what we are able to do on the files that qualify, not what every file gets. Availability varies by state, by product, and by lender.

Promotional offers described on this site, including any closing cost credit, apply only as stated, apply only to approved and funded transactions, and can be changed or withdrawn at any time.

4. Calculators, estimates and examples

The site includes tools such as the deal ticket estimator, the true cost calculator, and the equipment tax savings calculator. These are illustration tools. They do math on the numbers you type in.

• The rates and assumptions they use are sample figures chosen to illustrate a concept. They are not your rate.
• Their output is not a quote, an offer, an approval, an appraisal, or a tax opinion.
• Real pricing depends on credit profile, time in business, revenue, cash flow, equipment type and age, collateral, term, state, and the lender who takes the deal.
• Results can be wrong if your inputs are wrong, and can differ from a lender's actual amortization or fee structure.

Do not make a purchase decision, a bid decision, or a tax decision based on a number this website produced. Get real terms in writing first.

5. No tax, legal or accounting advice

We are not your CPA, your attorney, or your financial advisor, and nothing on this site is tax, legal, accounting or investment advice.

That includes anything we publish about Section 179, bonus depreciation, lease versus loan treatment, or the deductibility of interest or payments. Tax rules change, deduction limits are phased and capped, and how any of it lands depends on your entity type, your income, your other purchases, and when equipment is placed in service. Take our material to your own CPA and get your own advice before you file anything.

6. Accuracy and availability

We work to keep the site accurate and current, but content can go stale, and typos and errors happen. Rates, programs, timelines and promotional terms can change without notice, and we may correct or remove content at any time.

We do not promise the site will be available without interruption or free of errors. We may change, suspend or discontinue any part of the site, including any calculator, at any time.

7. Intellectual property

The site and everything on it, including text, calculators, code, layout, graphics, the TrueSpark Financial name and logo, and downloadable guides, is owned by us or our licensors and is protected by copyright, trademark and other laws.

You may view the site and print or download material for your own internal business use. You may not copy, republish, resell, scrape, mirror, frame, or build a derivative product from any of it without our written permission. You may not remove any copyright or trademark notice.

The free guide is licensed to you for your own business use. Do not redistribute it or sell it.

8. Acceptable use

Do not do any of the following on or through this site:

• Submit false, stolen or misleading information, or apply on behalf of a business you are not authorized to represent.
• Impersonate anyone, or use someone else's identity, tax ID or financial information.
• Use the site to commit or facilitate fraud, money laundering, or any illegal activity.
• Scrape, crawl, harvest, or use bots, scripts or automated tools to pull content or submit forms.
• Try to break, overload, probe or get unauthorized access to the site, its servers, or any connected system.
• Upload malware, or anything designed to damage or interfere with the site.
• Use the site to send unsolicited commercial messages, or to collect contact information for that purpose.
• Reverse engineer, decompile, or copy the calculators or underlying code.

We may block access, refuse service, or report activity to law enforcement if we believe any of this is happening.

9. Third party links and services

This site links to other websites, including our financing application at truesparkfinancial.com, lender sites, government resources, and privacy policies of the services we use.

Sites we do not operate have their own terms and their own privacy policies. We do not control them, we do not endorse everything on them, and we are not responsible for their content, their accuracy or their practices. Read their terms before you use them.

The same goes for lenders and funding partners. If you are matched with a lender, your agreement is with that lender, on that lender's paper, and their terms govern it.

10. Electronic communications and contact consent

By using this site you agree that we can communicate with you electronically, and that emails, electronic records and electronic signatures satisfy any requirement that a communication be in writing.

When you give us your contact information, whether on the free guide form, on an application, or by calling or emailing the funding desk, you are asking us to get back to you. You agree that we and our funding partners may contact you at the phone number and email address you provided, about your request and your file, including by phone call, email and text message. Calls may be recorded or monitored for quality and training.

Automated or prerecorded calls and texts, where used, are placed only with your prior express consent, which you can revoke at any time. Message and data rates may apply. Reply STOP to any text to stop texts. Use the unsubscribe link in any marketing email to stop marketing email. Withdrawing marketing consent does not stop necessary messages about a live application or a funded transaction.

Your consent to be contacted is not a condition of getting financing.

11. Disclaimer of warranties

The site and everything on it are provided "as is" and "as available", without warranties of any kind, express or implied. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the site will be uninterrupted, secure, or error free, that defects will be corrected, that the site is free of viruses, or that any content, calculation or estimate is accurate, complete, current or suitable for your situation.

12. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost bids, lost business opportunity, lost data, equipment you did or did not buy, or business interruption, arising out of or connected to your use of this site, even if we were told such damages were possible.

Our total liability for all claims relating to the site is limited to one hundred dollars ($100.00).

Some states do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law. This section does not change the terms of any financing agreement you sign, which stands on its own.

13. Indemnification

You agree to defend, indemnify and hold harmless TrueSpark Financial, its owners, officers, employees, agents and funding partners from any claim, loss, liability, damage, cost or expense, including reasonable attorney fees, arising from your use of the site, your breach of these terms, information you submitted that was false or that you were not authorized to submit, or your violation of any law or third party right.

14. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. [CLIENT TO CONFIRM GOVERNING STATE]

Any dispute arising out of or relating to these terms or to your use of this site will be brought exclusively in the state or federal courts located in [COUNTY TO BE SUPPLIED] County, Texas. You and we each consent to the personal jurisdiction of those courts and waive any objection to that venue.

Talk to us first. Before filing anything, send written notice of the dispute to the contact address below and give us 30 days to work it out. Most problems get solved on the phone.

Jury trial waiver. To the fullest extent the law allows, you and we each waive any right to a jury trial in any dispute arising out of these terms or your use of this site.

No class actions. Any dispute will be brought only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

This section covers your use of this website. If you sign a financing agreement, that agreement has its own governing law and dispute terms, and those control that transaction.

15. Applications, certification and credit authorization

When you tick the certification box and submit an application on this site, you are making a set of statements we and our funding partners rely on. You are telling us that the information you entered is accurate and complete, that you are an owner or an officer with authority to apply on behalf of the business, and that you are requesting financing for business or commercial purposes only, not for personal, family or household purposes.

You authorize TrueSpark Financial and the lenders, lessors and funding partners we submit your file to, along with their agents and service providers, to obtain business credit reports on the business and consumer credit reports on any owner or guarantor who applies, and to verify the information you gave us with credit bureaus, banks, references, vendors and other sources. That authorization continues for as long as your file is open and for any renewal, extension, review or collection of a transaction that funds.

Submitting an application is a request. It is not an application for consumer credit, it does not obligate anyone to extend financing, and it does not create a commitment on our part or on the part of any funding partner. A soft review may be done at any point. A hard credit inquiry happens only if you decide to move forward on a specific offer, and we will tell you before it does.

You agree we may keep your application and the records that go with it, including a record of the certification you ticked and when you ticked it, whether or not the request results in a funded transaction, and that these electronic records satisfy any requirement that a record be in writing or signed.

Provide information you know to be false on a credit application and you may be committing a crime under state and federal law. Say so and correct it if something changes: email [email protected] and we will update the file.

16. Changes, severability and contact

We can update these terms at any time. The effective date at the top shows the current version. Using the site after an update means you accept the new terms, so check back before you rely on anything here.

If any part of these terms is found unenforceable, that part gets trimmed to the extent needed and the rest stays in force. If we do not enforce a provision right away, we have not waived it. These terms, plus the Privacy Policy, are the entire agreement between you and us about the use of this website. You may not assign your rights under these terms. We may assign ours in a sale or reorganization of the business.

Contact

• Phone: 972 419 4373, Monday to Friday 8–6, Saturday 9–2 CT
• Email: [email protected]
• Mail: [BUSINESS MAILING ADDRESS TO BE SUPPLIED]

Read the Privacy Policy for how we handle your information.