1. Acceptance and scope
These Terms of Use govern your access to and use of scalekitfinancing.com, the ScaleKit Financing marketplace, lender directory, educational content, application tools, communications, and related services operated by Arch Ventures LLC (collectively, the “Services”). By accessing or using the Services, creating or submitting a financing profile, or electronically accepting these Terms, you agree to be bound by them and by documents expressly incorporated by reference.
If you use the Services for a business or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services or submit information.
2. ScaleKit's role
ScaleKit is a business-financing information, referral, and marketplace service. ScaleKit is not a bank, lender, creditor, broker-dealer, investment adviser, law firm, accounting firm, government agency, or credit-repair organization. ScaleKit does not itself approve, deny, underwrite, fund, service, or guarantee financing.
Independent financing providers determine eligibility, underwriting standards, rates, fees, terms, documentation requirements, licensing obligations, and credit decisions. Submitting information does not create a lender-borrower relationship with ScaleKit or guarantee an offer, approval, funding amount, rate, term, or funding timeline.
3. Eligibility and authority
You must be at least 18 years old, legally capable of entering contracts, located in the United States unless ScaleKit expressly agrees otherwise, and authorized to act for the business identified in your submission. You may not submit information about another person or business without lawful authority and any required consent.
4. Accuracy and permitted use
You must provide accurate, current, complete, and non-misleading information and promptly correct material changes. ScaleKit may rely on submitted information without independently verifying every statement and may request documents, standardize data, suspend processing, reject a submission, or restrict access where information appears incomplete, inaccurate, fraudulent, unauthorized, or unlawful.
- Do not impersonate another person or business.
- Do not interfere with security, access controls, availability, or operation of the Services.
- Do not scrape, copy, reverse engineer, resell, or commercially exploit the Services except with written permission.
- Do not upload malicious code, unlawful content, or information you are not authorized to disclose.
5. Financing providers and referrals
At your direction and subject to the authorizations presented in the application, ScaleKit may identify, refer, or transmit information to independent financing providers. A provider may contact you, request additional documentation, obtain credit information when lawfully authorized, and retain information under its own policies.
ScaleKit does not control a provider's products, availability, communications, privacy practices, security, underwriting, decisions, or performance. You are responsible for reviewing every provider agreement, disclosure, rate, fee, repayment obligation, security interest, personal guarantee, prepayment term, and other condition before proceeding.
6. Fees and commercial arrangements
ScaleKit may receive referral, marketing, origination, success, platform, or other compensation from an applicant or financing provider where disclosed and permitted by law. Any fee payable by you will be governed by a separate written agreement or clear checkout disclosure. You remain responsible for provider fees and financing obligations stated in provider documents.
7. No professional advice
Content, calculators, comparisons, directories, recommendations, and automated outputs are general information only. They are not legal, tax, accounting, investment, credit-repair, or financial advice and should not replace advice from qualified professionals who understand your circumstances.
8. Electronic communications, privacy, and credit
Your use of the Services is also subject to the Privacy Policy, Notice at Collection, Electronic Communications and E-Sign Consent, Credit Report Authorization, and Financing Provider Authorization presented to you. Marketing calls and text messages require the separate optional consent shown in the application where applicable.
9. Third-party content and services
The Services may contain lender names, logos, links, integrations, directories, or third-party content. Their appearance does not by itself establish ownership, endorsement, affiliation, product availability, or an offer. Third-party services are governed by their own terms and policies.
10. Intellectual property
The Services and their software, design, text, graphics, trademarks, data compilations, and other content are owned by or licensed to Arch Ventures LLC and protected by applicable law. Subject to these Terms, ScaleKit grants you a limited, revocable, nonexclusive, nontransferable license to use the Services for your internal business-financing needs.
11. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCALEKIT DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS. SCALEKIT DOES NOT WARRANT THAT THE SERVICES OR ANY PROVIDER OFFER WILL BE ERROR-FREE, UNINTERRUPTED, AVAILABLE, OR SUITABLE FOR YOU.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCH VENTURES LLC, SCALEKIT, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR A PROVIDER'S ACTS OR OMISSIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID SCALEKIT FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT OR ONE HUNDRED DOLLARS. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
13. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Arch Ventures LLC, ScaleKit, and their affiliates and personnel from third-party claims, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your unlawful use of the Services, material breach of these Terms, violation of another person's rights, or submission of information without authorization. This obligation does not apply to the extent a claim results from ScaleKit's own conduct for which indemnification is prohibited by law.
14. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS, REQUESTS FOR PUBLIC INJUNCTIVE RELIEF WHERE NON-WAIVABLE, OR CLAIMS THAT CANNOT LAWFULLY BE ARBITRATED, YOU AND ARCH VENTURES LLC AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS APPLICABLE CONSUMER OR COMMERCIAL RULES. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION.
Before filing, the claimant must send a written notice describing the claim and requested relief and allow 30 days for informal resolution. Arbitration will occur individually; class, collective, consolidated, and representative proceedings are waived to the extent permitted by law. Either party may bring an eligible individual action in small-claims court.
You may opt out of this arbitration provision within 30 days after first accepting these Terms by emailing funding@scalekitfinancing.com with the subject “Arbitration Opt-Out” and providing your name, contact information, and a clear statement that you opt out. Opting out does not affect the remaining Terms.
15. Governing law and venue
Except where federal law or the arbitration section applies, these Terms are governed by California law without regard to conflict-of-law principles. Court proceedings permitted under these Terms will be brought in state or federal courts with jurisdiction in Alameda County, California, unless applicable law requires another forum.
16. Suspension, termination, and changes
ScaleKit may modify, suspend, or discontinue the Services; restrict access; or terminate use for security, legal, operational, fraud-prevention, or policy reasons. ScaleKit may update these Terms prospectively. Material changes will be communicated where required, and consent will be requested when law requires it.
17. General provisions
These Terms and incorporated documents are the entire agreement concerning the Services unless a separate signed agreement controls a specific service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without written consent; ScaleKit may assign them in connection with a merger, financing, reorganization, sale of assets, or transfer of the Services, subject to law.