Application Agreement

Application Agreement

Updated and effective May 11th, 2021

2. SSF Terms and Conditions

The SSF service and website (each as defined below) are operated by SSF, a Maryland Limited Liability Company  or a subsidiary or affiliate thereof (collectively, “SSF”, “we”, or “us”). SSF is in the business of providing customers  with small business loans, lines of credit and related services (“Service”). SSF is not a broker, investment advisor  or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision  or implementing any strategy you should consider obtaining additional information and advice from your  accountant, attorney, and/or other advisors. “You” is defined as the owner of the company completing the  application on behalf of the company seeking credit. Unless otherwise noted, any agreements, authorizations  or consents made by you or permissions granted to you hereunder also apply and are binding on your  company seeking credit directly from SSF, or from a bank that originates credit through the SSF platform (“SSF Banking Partner”).


2. Accepting the Terms

By using the information, tools, features, and functionality located at ssfunds.ca or subdomains (the “Website”)  or by submitting an application for credit to SSF, you signify that you have read, understand, and agree to be  bound by these terms and conditions (the “Agreement”) for any and all applications for credit to SSFor an SSF Banking Partner. You further agree all information being provided by your company as the borrower and/or by  you (either as a guarantor or as an authorized representative of your company) as part of the application  process for the Loan is true and complete. 

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You  represent that you have the capacity to bind the company or entity applying for credit, on behalf of such  company or entity. You understand that: (a) we will require you to sign a personal guarantee for the credit  obtained by your company from SSF, and (b) for term loans, we will take a general lien on your business’s  assets. Before you continue, you should print or save a copy of this Agreement for your records. 

In addition to this Agreement, you and your company may enter into other agreements, including a loan  agreement or promissory note that will govern the terms of your company’s loan or line of credit and use of the  Service. If there is a conflict between this Agreement and such other agreements that is applicable to specific  aspects of the Service, the other agreement shall govern with respect to those specific aspects. 

SSF may make changes to this Agreement from time to time. If we do this, the date at the top of this page  indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute  acceptance of such revisions.


3. Credit and Background Check Authorization

You understand and agree that SSF and our agents and assignees are authorized to contact third parties to  conduct background checks and other investigative reports, including but not limited to your business credit  card sales data as described below, and make credit report inquiries (including requesting personal credit  bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee,  and business credit bureaus about your company, in either case, from credit reporting agencies and other  sources) or for any other lawful purpose. SSF has such authority for the foregoing in connection with any  extension of credit to the company on whose behalf you are applying, conducting loan file updates, ongoing  loan reviews, renewal of financing, or referral of your business to third party lenders. Upon your written  request, we will advise you if we obtained a credit report. You understand and agree that SSF is making no  commitment or guarantee that any product, evaluation, or guidance provided by SSF will result in an approval  of credit from SSF or any SSF Banking Partner.


4. Privacy, Personal and Company Information

For information about SSF’s data protection practices, please read our Privacy Policy, which can be accessed on  the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy  Policy explains how SSF collects and treats your personal and company information, and protects your privacy,  when you access SSF and use the Service. The policy may be updated from time to time at our discretion.  Changes will be effective upon posting to the Website.


5. Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires  financial institutions to obtain, verify, and record identifying information that identifies each person and entity  applying for credit. Therefore, when your company applies for credit, we ask for your name, address, and other  information that allows us to identify you and your company. We may also ask for a driver’s license or other  identifying documents. You allow us to obtain such information and share the information with third parties to  help us verify you and your company’s identity.

In connection with the provision of the Service, users may submit financial information from their business  banking account(s) to SSF. SSF and SSF Banking Partners use this information for lending decisions and may  require updates to monitor the performance of customers on an ongoing basis. With the Service, users may  direct SSF to retrieve your company information maintained online or otherwise by third-party financial  institutions or organizations authorized to house such information.


6. Proprietary Rights

All content on the Website or used by the Service, including but not limited to text, names, designs, pictures,  information, and software are the proprietary property of SSF with all rights reserved. 

You are permitted to use content delivered to you through the Service or Website only on the Service. You may  not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to  reverse engineer or reverse compile any of the Service technology.


7. Electronic Communications

You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement,  communications, disclosures, and notices, including and any, and all, disclosures and/or notices required to be  given by applicable law or regulation. You also consent to allow SSF, or an SSF Banking Partner, to respond to  any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry.  You must also agree to our E-Sign consent during the online application process.


8. Telephone Communications

You authorize SSF and those acting on its behalf to deliver or cause to be delivered advertisements or  telemarketing messages, including calls, text messages, and SMS and MMS messages, using an automatic  telephone dialing system (often referred to as an auto dialer) or an artificial or prerecorded voice, to the  telephone numbers you have provided in your application for credit to SSF (including your cellular phone  numbers). You agree that this consent applies even if the numbers you have provided are currently on any  state, federal, or corporate Do-Not-Call registry. You understand that you are not required to provide this  consent as a condition of receiving any credit or services from SSF, and that you may apply for business credit  by contacting us directly. You may opt out of receiving calls and marketing from SSF and its affiliates, marketing  partners, agents and others as provided in the Privacy Policy or by contacting us directly.


9. Loan Return Policy

You agree that you may not return any loan or other financial product that you take from SSF, or an SSF Banking Partner, except at SSF’s or the SSFBanking Partner’s sole discretion, it being understood that in no  event will you be able to return any such product after 5:00 p.m. EST on the second business day following the  initiation of disbursement of funds by SSF, and no returns of renewal loans or lines of credit will be permitted.


10. Third Party Sites or Content

The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party  Sites”), as well as content from third parties. SSF is not responsible for such Third-Party Sites or content from  third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide  to leave the Website and access Third Party Sites or third-party content, this Agreement and SSF policies no  longer apply. 

In addition, if any such link is to another capital provider or lender, SSF acts solely as a referrer and does not  guarantee or underwrite the products or services, including credit products, provided by such capital provider  or lender. You will be deemed a customer of that capital provider or lender with respect to any products or  services provided by such capital provider or lender. SSF has no role in, nor any liability for any decision made  or product or service provided by such other capital provider or lender.


11. Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR  AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,  INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING  FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR  ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT  LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED  ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US  WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY  LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE  WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY  SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.

Governing Law; Venue and Jurisdiction

By accessing the Website or using Services, you agree that the laws of within the Province of Ontario (or the  home Province of the SSFBanking Partner), without regard to any principles of conflict of laws that would  require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the  Services.