Terms & Conditions

 

Agecroft Capital Software Service Agreement

Introduction This Agecroft Capital software service ("Service") and accompanying documentation are provided to you under a license, not as a sale. The software is protected by copyright laws and international treaties concerning intellectual property. Ownership of the software and associated intellectual property rights remains with Agecroft Capital and its subsidiaries, affiliates, and partners. Your use, download, copy, or modification of this software is governed by these rights and the terms outlined in this End User License Agreement and Terms of Service ("Agreement" or "Terms").

Acceptance of Terms By accessing the Service, you agree to be bound by these Terms. If you do not accept all the Terms, please refrain from accessing or using the Service.

1. Eligibility for Use The Service is available exclusively to U.S. citizens or permanent residents. By using the Service, you consent to having your personal information managed within the United States.

2. Account Registration To use Agecroft Capital, you must create an account. You must be at least 18 years old and a U.S. citizen or permanent resident. Each individual is permitted only one account, and account sharing is strictly prohibited.

3. Account Security You are responsible for any activities that occur under your account, even if accessed by someone else. To ensure security, keep your password confidential and do not allow others to use your account. Notify Agecroft Capital immediately if you suspect unauthorized access. We are not liable for any losses resulting from unauthorized account usage.

4. Service Modifications Agecroft Capital reserves the right to modify, remove features, or discontinue the Service at any time.

5. Third-Party Services Agecroft Capital does not provide merchant services directly. We collaborate with third-party providers (such as Stripe and Authorize.Net) to facilitate our software. Credit card and ACH information is securely handled by these providers; we do not retain such data. All financial transactions are processed through these third parties, and while we strive to ensure accuracy, we are not liable for any failures by these providers.

6. Compliance with Lending Laws You are responsible for adhering to all relevant lending laws. Violations may result in the suspension or termination of your account.

7. Software Issues Occasionally, the software may encounter issues. While we take measures to minimize such occurrences, Agecroft Capital is not liable for any damages resulting from software malfunctions. It is your responsibility to monitor all loans within the system.

8. Communication with Borrowers We automate communications with your borrowers regarding payments, but we cannot guarantee email delivery, as this service is managed by a third-party provider (Mandrill). You should directly follow up with your borrowers to ensure they receive all necessary notifications.

9. License Grant This Agreement grants you the right to access and utilize one instance of the Service via your unique user ID (or email). Separate licensing agreements are required for multiple accounts.

10. Transfer and Usage Restrictions You may not assign your rights or obligations under this Agreement without prior written consent from Agecroft Capital. Reverse-engineering or attempting to derive the source code of the Service is strictly prohibited.

11. Indemnification You agree to defend, indemnify, and hold harmless Agecroft Capital and its affiliates from any claims or disputes arising from your use of the Service or violations of these Terms.

12. Disclaimer of Warranties The Service is provided "AS IS" and on an "AS AVAILABLE" basis, with no guarantees regarding its reliability or security.

13. Limitation of Liability To the fullest extent permitted by law, Agecroft Capital is not liable for any indirect, incidental, or consequential damages. Our liability is limited to the total amount you paid for the Service.

14. Governing Law These Terms of Service and your use of the Service are governed by the laws of the Commonwealth of Virginia, applicable to agreements made and to be entirely performed within Virginia, without regard to its conflict of law principles.

15. Dispute Resolution If you have a dispute with Agecroft Capital, you agree to first attempt to resolve it informally. If unresolved after 60 days, disputes will be settled through binding arbitration.

16. Class Action Waiver You waive your right to participate in any class actions against Agecroft Capital.

17. Amendments to Terms Agecroft Capital may update these Terms. You will be notified of any material changes, and continued use of the Service after changes constitutes acceptance of the revised Terms.

18. Severability Clause If any term is found unenforceable, the remaining terms will remain in effect.

19. No Waiver Clause Failure to enforce any term does not waive Agecroft Capital's right to enforce it in the future.

20. Contact Information For any questions regarding these Terms, please email support@agecroftcapital.com.

21. Continuity of Service The Service will continue to be provided as long as fees are paid without interruption.

User Representations By using the Service, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.

2. You will maintain the accuracy of such information and promptly update it as necessary.

3. You have the legal capacity and agree to comply with these Terms.

4. You are not a minor in your jurisdiction.

5. You will not access the Service through automated or non-human means.

6. You will not use the Service for any illegal or unauthorized purpose.

7. Your use of the Service will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Service.

Prohibited Activities You may not access or use the Service for any purpose other than that for which we make the Service available. Prohibited activities include, but are not limited to:

• Systematic data retrieval to create a collection, compilation, database, or directory without written permission.

• Attempting to learn sensitive account information, such as user passwords, through trickery or fraud.

• Circumventing security-related features of the Service.

• Using the Service to harass, abuse, or harm others.

• Engaging in unauthorized framing or linking to the Service.

• Uploading or transmitting viruses or other harmful material.

• Using automated systems, such as scripts or data mining tools, to interact with the Service.

• Deleting copyright or proprietary rights notices.

• Impersonating other users or using someone else’s username.

• Making unauthorized use of the Service, including the unauthorized collection of usernames or email addresses.

Electronic Communications, Transactions, and Signatures By visiting the Service, sending us emails, or completing online forms, you engage in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, and records and waive any rights requiring non-electronic methods.