Please read these Terms of Service carefully. They include a binding arbitration agreement and a waiver of class actions and jury trials in the Dispute resolution section, which affect how disputes with us are resolved.
1. Agreement to these terms
Loanistry is a Trulli company. The website at loanistry.com, its pages, tools, calculators, newsletters and application (together, the "Service") are owned and operated by Trulli Holdings LLC, [address] ("Loanistry", "Trulli", "we", "us" or "our"). These Terms of Service ("Terms") are a legal agreement between you and us. By visiting, browsing or using the Service, creating or submitting an application, or checking any box that refers to these Terms, you agree to these Terms and to our Privacy Policy, which is part of them. If you use the Service on behalf of a business, you agree on behalf of that business and confirm that you have authority to bind it, and "you" means both you and the business. If you do not agree, do not use the Service.
2. Who may use the Service
You must be at least 18 years old and able to form a binding contract. The application is only for owners, officers or authorized representatives of businesses located in the United States that are seeking financing for business or commercial purposes. The Service is not for personal, family or household credit, and you agree not to use it to obtain consumer credit. We may refuse access or decline to process any request at our discretion, including where we cannot verify your identity or authority.
3. What Loanistry is, and is not
Loanistry publishes educational content about business financing and operates a marketplace that refers business owners to third-party funding providers. Loanistry and Trulli are not lenders. We act as a marketplace and, where permitted, as a broker or arranger of commercial financing. We do not make credit decisions, issue loans, advances or other financing, set rates, fees or terms, or service any financing.
- No guarantee of funding. Submitting an application does not guarantee that you will be matched, receive an offer, be approved or be funded, or that any offer will match an estimate, amount, rate, term or speed shown on the Service.
- Lenders decide. Every approval, decline, underwriting, pricing and funding decision is made solely by the independent third-party funding provider, using its own criteria, which may include credit history, revenue, cash flow, time in business, industry, location, collateral and its own policies.
- Lender terms govern. Any financing you accept is a contract between you and the funding provider alone. Its agreement, disclosures and policies govern that financing. Review them, and the total cost of financing, before you sign.
- Not the whole market. The Service does not include every funding provider or product available to you, and the providers you are matched with may not offer the lowest cost or best terms available anywhere.
- No agency or fiduciary duty. We do not act as your agent, advisor or fiduciary, and we do not represent you in negotiations with any funding provider, unless a separate written agreement signed by us says otherwise.
4. Trulli, the funding portal and lending partners
Applications submitted on Loanistry are processed through the business funding marketplace operated by Trulli Holdings LLC, Loanistry's parent company. After you submit, you continue in a secure funding portal operated by Trulli, where you may upload documents, view matches and review offers. Your use of the funding portal may be subject to additional terms shown there. Trulli shares your application with funding providers and partners it selects to evaluate your request, as described in our Privacy Policy. Funding providers are independent companies. We are not responsible for their acts, omissions, products, communications, decisions or compliance with law, and we do not endorse any funding provider by listing or matching it.
5. Information on the Service is not advice
Guides, articles, reviews, ratings, rankings, comparison tables, calculators, pre-qualification estimates and other content on the Service are provided for general educational and informational purposes only. They are not financial, investment, legal, tax, accounting or credit advice, are not a recommendation that any product is suitable for you, and are not an offer or commitment to lend. Consult qualified professionals before making financial decisions.
- Estimates. Pre-qualification estimates and calculator results are based only on the information you enter and on general assumptions. They are not offers, approvals or predictions of what any funding provider will do.
- Accuracy. We work to keep information accurate and current, but product details, rates, fees, requirements and availability are set by third parties and change often. We do not warrant that any content is accurate, complete, current or free of errors, and we may change or remove content at any time without notice. Always confirm terms directly with the funding provider.
- Third-party content. Some information comes from funding providers, public sources or other third parties. We are not responsible for its accuracy.
- Editorial opinions. Ratings and reviews reflect our editorial opinion under our published methodology. They are not statements of fact or guarantees of performance.
6. Your application and the information you provide
When you submit an application or any other information, you represent and warrant that:
- all information is true, accurate, current and complete, and you will promptly update it if it changes;
- you are the person named, you own the business or are authorized by it and by each owner whose information you provide to apply and to give the consents in these Terms on their behalf;
- the financing is sought solely for business or commercial purposes; and
- you have the right to provide any documents you upload, and they are genuine and unaltered.
You authorize us, Trulli and the funding providers and service providers we work with to verify any information you provide, including by contacting banks, creditors, landlords, references and other third parties, by using identity verification, fraud prevention and data providers, and by reviewing public records. Providing false or misleading information may be a crime, and we may report suspected fraud to law enforcement and to fraud prevention databases. We may decline, withdraw or stop processing any application at any time for any lawful reason.
7. Credit report authorization
By submitting an application and checking the authorization box, you give written instructions and authorization, as permitted by the Fair Credit Reporting Act, to Trulli Holdings LLC, Loanistry and the funding providers and partners to which your application is submitted, and their agents, to obtain consumer credit reports and other information about you from one or more consumer reporting agencies, and business credit reports and information about the business, for the purposes of evaluating your application, verifying your identity and preventing fraud. We start with a soft inquiry, which does not affect your credit score. A funding provider may obtain a hard inquiry, which may affect your credit score, as part of its underwriting, under its own disclosures and with any further authorization the law requires. If you are applying on behalf of other owners or guarantors, you confirm that each of them has authorized these inquiries.
8. Consent to calls, texts and emails
By submitting an application, requesting information or checking a consent box, you agree that Loanistry, Trulli Holdings LLC and the funding providers and partners matched to your request, and their agents and service providers, may contact you about your application, financing options and related products and services by telephone call, text message (SMS or MMS) and email, at any telephone number or email address you provide, including a mobile number. You agree that these calls and texts may be made using an automatic telephone dialing system, an artificial or prerecorded voice, or other automated technology, and may be marketing in nature, even if your number is on a federal, state or company do-not-call list. You understand that:
- Consent is not a condition of purchase. You do not have to agree to automated or marketing calls and texts to obtain financing or use the Service. You may contact us at [contact email] to apply without giving this consent.
- Rates and frequency. Message and data rates may apply. Message frequency varies.
- Opting out. You can opt out of texts at any time by replying STOP, and get help by replying HELP. You can revoke consent to calls or emails by any reasonable means, including by telling the caller, using the unsubscribe link in an email, or writing to [contact email]. Opting out of marketing does not stop messages needed to process an application you submitted, unless you also withdraw that application. Each funding provider you have been matched with may need to be told separately.
- Your number. You confirm that you are the subscriber or regular user of each number you provide, and you will tell us promptly if you give up or reassign it. You agree that calls may be monitored and recorded for quality, training and compliance purposes.
9. Electronic records, disclosures and signatures
You agree, under the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state law, to receive all agreements, disclosures, notices and other communications from us electronically, by posting on the Service, in the funding portal or by email. You agree that checking a box, clicking a button or typing your name is your electronic signature and has the same legal effect as a handwritten signature. To access electronic records you need a device with an internet connection, a current web browser and a valid email address. You may print or save any record, request a paper copy, or withdraw this consent by writing to [contact email]. Withdrawing consent may mean we can no longer process your application.
10. How we are paid, and advertising
The Service is free to you. We and Trulli are compensated by funding providers and other partners, including when you submit an application, are matched, are approved, or receive funding, and the amount may vary by provider and product. That compensation may influence which products appear on the Service and where and in what order they appear, including in matches. It does not change our editorial ratings, which follow our published methodology. Some content is sponsored or includes advertising, which we label. Read our advertiser disclosure for details. A funding provider may charge you fees as part of its financing; any such fee will be disclosed by that provider.
11. Licensing and state disclosures
Where required, Trulli Holdings LLC or its affiliates hold licenses or registrations to broker or arrange commercial financing. [License and registration numbers, by state, to be listed here.] Some states, including California, New York, Utah, Virginia, Georgia, Florida, Connecticut, Kansas, Missouri and Texas, require funding providers or brokers to give specific disclosures for commercial financing. Where those laws apply, the required disclosures will be provided by the funding provider or by us before you accept an offer. Nothing on the Service is an offer of financing in any state where it would be unlawful.
12. Third-party websites and services
The Service may link to or embed websites, tools and services we do not operate, including funding providers' sites. We do not control and are not responsible for them, their content, their privacy practices or anything you do with them. Your use of them is at your own risk and under their terms.
13. Acceptable use
You agree not to: provide false, misleading or someone else's information; apply on behalf of a business or person without authority; use the Service for any unlawful, fraudulent or consumer purpose; scrape, crawl, harvest or copy the Service or its data by automated means, except standard search engine indexing; use content from the Service to train or build any machine learning or AI product without our written permission; interfere with, probe, overload or bypass the security of the Service; introduce malware; reverse engineer any part of the Service; frame or mirror the Service; resell or commercially exploit leads, content or access; or use the Service in a way that could damage us, Trulli, funding providers or other users. We may suspend or end your access at any time, without notice, if we believe you have broken these Terms.
14. Our content and your feedback
The Service and its content, including text, graphics, logos, ratings, methodologies, data compilations, software and design, are owned by us or our licensors and protected by intellectual property laws. Loanistry, Trulli and related names and logos are our trademarks. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Service for your own business's non-commercial evaluation of financing. You may link to our pages and quote short excerpts with attribution. Any other use needs our prior written permission. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them for any purpose without obligation to you.
15. Disclaimer of warranties
THE SERVICE AND ALL CONTENT, ESTIMATES, MATCHES AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND TRULLI DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT YOU WILL BE MATCHED, APPROVED OR FUNDED, OR THAT ANY FUNDING PROVIDER WILL PERFORM AS PROMISED. YOU USE THE SERVICE AND RELY ON ITS CONTENT AT YOUR OWN RISK.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRULLI HOLDINGS LLC, LOANISTRY, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, FINANCING OPPORTUNITY, GOODWILL OR DATA, OR COST OF SUBSTITUTE FINANCING, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, ANY CONTENT OR ESTIMATE, OR ANY ACT, OMISSION, DECISION, PRODUCT OR FINANCING OF A FUNDING PROVIDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITS, SO SOME OF THEM MAY NOT APPLY TO YOU.
17. Indemnification
You agree to defend, indemnify and hold harmless Trulli Holdings LLC, Loanistry and their affiliates, officers, directors, members, employees, agents, licensors and partners from and against all claims, demands, losses, liabilities, damages, fines, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: your use of the Service; any information or documents you provide; your breach of these Terms or of any representation you make; your violation of any law or of any third party's rights; or any financing you obtain or seek through the Service. We may assume the exclusive defense of any matter at your expense, and you will cooperate with us.
18. Dispute resolution, arbitration and class action waiver
Informal resolution first. Before starting any claim, you agree to send us a written notice describing the dispute and the relief you seek to [contact email] and [address], and to try in good faith to resolve it with us for 60 days.
Binding arbitration. Except as stated below, any dispute, claim or controversy between you and us, or Trulli, arising out of or relating to the Service, these Terms, the Privacy Policy, any application, any communication from us (including calls and texts), or the relationship between us, including questions about the scope, validity or enforceability of this arbitration agreement, will be resolved by final and binding individual arbitration, and not in court. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, and may be conducted by video or on written submissions. The Federal Arbitration Act governs this section. The arbitrator's award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or stop misuse of the Service.
Class action and jury waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this class waiver is found unenforceable for any claim, that claim will be decided in court and not in arbitration, and the rest of this section will still apply.
Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel, they will be administered in batches under the administrator's mass arbitration procedures, and the statute of limitations for unadministered claims is paused while the batches proceed.
Opt out. You may opt out of this arbitration agreement by emailing [contact email] within 30 days after you first accept these Terms, with your name, business name, email and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.
19. Governing law and venue
These Terms are governed by the laws of the State of [governing state], without regard to its conflict of laws rules, and by applicable federal law, including the Federal Arbitration Act. For any matter that is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in [governing state].
20. Changes to the Service and these Terms
We may change, suspend or discontinue any part of the Service at any time without liability. We may update these Terms from time to time. The effective date at the top shows the current version. If we make material changes, we will give notice on the Service or by email where appropriate. Changes apply from their effective date, and your continued use of the Service after that date means you accept them. Changes to the arbitration section will not apply to a dispute that you notified us about before the change.
21. General terms
These Terms, the Privacy Policy and any terms shown in the funding portal are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or a successor. We are not liable for delays or failures caused by events beyond our reasonable control. Sections that by their nature should survive, including those on the information you provide, compensation, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and governing law, survive any termination. Headings are for convenience only. The word "including" means "including without limitation".
22. Contact
Trulli Holdings LLC, doing business as Loanistry, [address]. Email: [contact email].