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Terms

Welcome to the Giggle Finance (“Company”) website, operated by Giggle, LLC, a Florida based LLC (collectively “Giggle”, “We”, “Our” or “Us”). Any reference to “Company” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term “Site” includes all websites and all devices or applications that we operate, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application.

1.      Acceptance of Terms

By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to the specific areas of this site are posted throughout the site and, together with these Terms of Use, govern your use of these areas, content and/or transactions. Giggle Finance reserves the right to update the content of its website, including the Terms of Use, at any time without prior notice. Your use of the site constitutes your agreement to follow and be bound by the terms and conditions of the site, as well as these Terms of Use, as modified. You are encouraged to review the website and these Terms of Use periodically for updates and modification. If you do not agree with anything contained in the Terms of Service, please do not submit information to, access information from, or otherwise utilize the Website. “You” is defined as the owner of the company completing the application on behalf of the company seeking credit.

In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others (including, without limitation, the Revenue-Based Business Financing Agreement or purchase and sale of future business receivables, as applicable, if executed (“Business Agreement”)). Your submission of an electronic financing application through the Website shall have the same force and effect as if the application bore an inked original signature. You certify that your Revenue-Based Business Financing will be used solely for business and commercial purposes.

2.      Privacy and your Personal Information

For information about the Company’s data protection practices, please read the Company’s Privacy Policy, which is hereby incorporated into this Terms of Service. The Privacy Policy explains how the Company treats your personal information when you use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Accuracy of and Changes to your Information

You agree to provide true, accurate and complete profile, banking and business information, including such other information as may be prompted by any registration forms on the Site or otherwise requested by the Company, including with respect to accounts maintained at third-party sites and you further agree to provide such materials as the Company may request to establish and/or verify your or any other person’s identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity’s legal existence, good standing in any jurisdiction and eligibility to use the Site or Service, or to establish and/or verify your eligibility (collectively, “Account Information and Supporting Materials”). You further agree to promptly update all your Account Information and Supporting Materials whenever the information provided to us is no longer accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. If you need help in changing your information, please email us at [email protected]. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Account Information and Supporting Materials current. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and Supporting Materials and other information necessary to facilitate your use of the Services and the Site.

In addition, in consideration of your use of the Site and the Service on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to promptly notify the Company regarding any material changes to information or circumstances impacting the business or entity’s legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Site or any Service.

4.      Authorization

Applicant authorizes Giggle, its agents and representatives and any credit reporting agency engaged, to (i) investigate any references given or any other statements or data obtained from or about Applicant or any of its Owners for the purpose of this Agreement, and (ii) pull and/or obtain the individual credit report of the Applicant, from any of the major credit reporting agencies so long as a relationship exists between the Applicant and Giggle. Such a report may include the consumer credit report for the individual Applicant.

Applicant authorizes Giggle, its agents and representatives and any third party data or investigative agency engaged, to investigate any references given or any other statements or data obtained from or about Applicant or any of its Owners for the purpose of this Agreement.

5.      Disclosure and Consent to Electronic Communications

You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by the Company to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

  • These Terms of Service and any amendments, modifications, or supplements;
  • Records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
  • Disclosures or notices provided in connection with the Services, including any required by federal or state law;
  • Any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
  • Any other communication related to the Sites or Services.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting [email protected] and stop using the Sites and Services.

6.     Service

The Company offers various tools and functions through the Sites including when you register, apply for advances, receive advances, access or use our website, mobile applications, products, network and services, or when you otherwise interact with us (collectively, the “Services”).

7.     Fees

There is no cost to maintain the Company account. The Services offered may require the payment of fees and other amounts. These Services are subject to separate agreements into which you must enter prior to participating in such Service.

8.    Your Use of the Services

Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.

In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third-party databases or through other sources.

You agree that you will not:

  • Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
  • Use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
  • Use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
  • Modify, adapt or hack the Service to gain unauthorized access to the Service or its related systems or networks;
  • Access the Sites by any means other than through the interface that is provided by the Company;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Site or decipher, decompile, disassemble, or reverse-engineer any of the software;
  • Frame the Site or otherwise affect the display of the Site’s pages;
  • Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
  • Register for multiple accounts on behalf of the same business or entity; or
  • Use data provided by the Company in any manner whatsoever for any competing uses or purposes.

9.    Modification to Site or Services

The Company further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.

10. Rights you Grant to Us

By submitting information, materials and other content to the Company through the Service, you are licensing that content to the Company solely for the purpose of providing the Service. The Company may use and store the content for the purpose of providing the Service to you.

By using the Service, you expressly authorize the Company to access your Account Information and Supporting Materials maintained by identified third parties, on your behalf as your agent. You hereby authorize and permit the Company to use and store information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information.

By accepting these Terms of Service, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.

11. No Unlawful or Prohibited Use

As a condition of your use of the Sites and Services, you represent and warrant to the Company that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service.

12. Company’s Intellectual Property Rights

All content included or available in connection with the Sites, including any and all materials, information, text, data, software, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by the Company or the licensors or suppliers of the Company and is protected by U.S. and international copyright and other intellectual property laws.

13. Disclaimer of Representations and Warranties

THE SITES, THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. THE COMPANY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial or legal advisers who are fully aware of your individual circumstances.

14. Limitations of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

15. Indemnification of Company

You will defend, indemnify and hold us harmless, including our officers, directors, shareholders, affiliates and employees, from and against all claims, actions, damages, obligations, costs, demands and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you, any of Your Content, your violation of any third party right, or your other access, contribution to, use or misuse of the Service.

16. Governing Law; Jury Trial Waiver; Class Action Waiver

These Terms of Service, and your relationship with the Company under these Terms of Service, is governed by, and will be construed in accordance with, the internal laws of the State of Florida without regard to principles of conflict of laws. You agree to submit to the jurisdiction of any state or federal court sitting in Miami Dade County, FL for any and all disputes asserting a breach of this Agreement.

YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ON ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE.

YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE COMPANY AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR IN ANY OTHER REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.

17.  Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

18. Miscellaneous

If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.

You may not assign this Terms of Service without the prior written consent of the Company, but the Company may assign or transfer this Terms of Service, in whole or in part, without restriction.

19. SMS Messaging Program

Giggle Finance offers SMS messaging to keep you informed about your account and financing options. By opting in, you agree to receive text messages from Giggle Finance at the mobile number provided.

Message Types:

  • Transactional/Account Notifications: Messages regarding your application status, approved funding amounts pending acceptance, and cash advance approval notifications. Up to 3 messages per month.
  • Marketing Communications: Messages promoting Giggle Finance products and services. Up to 2 messages per month.

Message and data rates may apply. Message frequency may vary.

To opt out at any time, reply STOP. For help, reply HELP or contact us at [email protected].

Giggle Finance does not offer financing in NY, CA, or OR.

For more information, see our Privacy Policy at https://gigglefinance.com/privacy-policy/.