Term and Conditions

Last Updated: January 1st, 2026

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the services provided by Even Funding LLC (“Even Funding,” “we,” “us,” or “our”), a New York Limited Liability Company with its principal place of business at Flushing, NY 11367, you (“Customer,” “Merchant,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms,” “Agreement”).

If you do not agree to these Terms, you must immediately discontinue use of our services and refrain from submitting any application for funding.

These Terms constitute a legally binding agreement between you and Even Funding. By submitting an application, providing information, or accepting funding, you confirm your acceptance of these Terms.

2. DEFINITIONS

“Funding” or “Advance” means the merchant cash advance provided by Even Funding to Customer pursuant to a Purchase of Future Receivables Agreement.

“Purchase Agreement” or “Agreement” means the specific Purchase of Future Receivables Agreement executed between Even Funding and Customer detailing the purchase amount, purchased receivables amount, payment terms, fees, and other material terms.

“Future Receivables” means a specified portion of Customer’s future credit card sales, debit card sales, and other payment card receipts, or other revenue generated by Customer’s business.

“Purchased Amount” means the total dollar amount of Future Receivables purchased by Even Funding from Customer.

“Services” means all merchant cash advance services, platforms, tools, and related services provided by Even Funding.

“Business Day” means any day other than Saturday, Sunday, or federal holidays in the United States.

3. ELIGIBILITY REQUIREMENTS

To be eligible for Even Funding’s services, you must:

a) Be at least 18 years of age or older
b) Have the legal capacity and authority to enter into binding financial agreements
c) Be a legally registered business entity operating in the United States
d) Have an active business bank account or payment processing account
e) Have a minimum of 3 months of business operations
f) Generate minimum monthly revenue as determined by Even Funding
g) Not be currently in bankruptcy proceedings
h) Not be engaged in any illegal activities or prohibited business types
i) Provide accurate, current, and complete information in your application

Even Funding reserves the right to modify eligibility requirements at any time without notice.

3.1 Prohibited Business Types

The following business types are not eligible for funding:

Adult entertainment or sexually-oriented businesses
Gambling or gaming operations (except state-licensed lotteries)
Illegal activities or products
Multi-level marketing or pyramid schemes
Cannabis-related businesses (where prohibited by federal law)
Money services businesses (except as approved)
Firearms and ammunition dealers (except as approved)

4. MERCHANT CASH ADVANCE STRUCTURE

4.1 Nature of Transaction

Even Funding provides merchant cash advances, which are purchases of a portion of your business’s future receivables. This is NOT a loan. Even Funding purchases the right to receive a specified amount of your future revenues in exchange for providing you with immediate capital.

4.2 Funding Amounts

Even Funding offers merchant cash advances ranging from $10,000 to $3,000,000. The specific advance amount you qualify for will be determined based on:

Business revenue and financial performance
Credit card processing volume
Credit history and creditworthiness
Time in business
Industry and risk assessment
Other factors at Even Funding’s sole discretion

4.3 Term Length

Merchant cash advances are structured with estimated repayment periods of up to 10 months. The actual time to full repayment may vary based on your business’s revenue and receivables flow.

4.4 Purchase of Future Receivables Agreement

All specific terms and conditions of your merchant cash advance, including:

Advance amount (capital provided to you)
Purchased receivables amount (total amount Even Funding will collect)
Remittance percentage or fixed payment amount
Payment frequency (daily, weekly, or as specified)
Reconciliation provisions
All applicable fees and charges

will be detailed in a separate Purchase of Future Receivables Agreement executed between you and Even Funding after your application is approved.

5. APPLICATION PROCESS

5.1 Application Submission

To apply for a merchant cash advance, you must:

a) Complete our online application or contact our sales team
b) Provide accurate, truthful, and complete information
c) Submit all requested documentation, including but not limited to:

Business bank statements (typically 3-6 months)
Credit card processing statements (if applicable)
Business formation documents
Identification documents (driver’s license or passport)
Voided check or bank letter
Any additional documents requested by underwriting

5.2 Authorization and Consent

By submitting an application, you authorize Even Funding to:

Obtain credit reports and scores from consumer and business credit reporting agencies
Contact your bank, creditors, and other financial institutions to verify information
Access your credit card processing data through third-party processors
Contact you via phone, email, SMS text messages, or other means regarding your application and account
Share information with service providers assisting with underwriting, funding, and servicing
Verify your identity and business information with third parties

5.3 Application Review and Approval

Even Funding will review your application and reserves the absolute right to:

Accept or reject any application at our sole discretion without providing reasons
Request additional information or documentation at any time
Modify offered terms based on underwriting results
Withdraw any offer at any time prior to execution of a Purchase Agreement
Determine the advance amount, purchased receivables amount, and all terms

Approval is subject to:

Meeting eligibility criteria
Satisfactory credit and business evaluation
Verification of all information provided
Compliance with all applicable laws and regulations
Even Funding’s internal risk assessment and underwriting policies

Application approval does not guarantee funding will be disbursed until all conditions are satisfied and a Purchase Agreement is fully executed by both parties.

5.4 Processing Time

While we strive to process applications quickly, Even Funding makes no guarantee regarding application processing timeframes. Processing times may vary based on completeness of application, verification requirements, volume, and other factors beyond our control.

6. PURCHASE OF FUTURE RECEIVABLES AGREEMENT

6.1 Separate Agreement Required

Upon approval, you will receive a separate Purchase of Future Receivables Agreement that will include all material terms, including:

Specific advance amount (funds provided to you)
Total purchased receivables amount (amount to be remitted to Even Funding)
Payment structure (percentage of receivables, fixed daily/weekly payments, or ACH schedule)
Payment frequency and method
Reconciliation and adjustment provisions
All fees and charges
Representations and warranties
Events of default and remedies
Personal guarantee requirements (if applicable)
Security interest and UCC lien provisions (if applicable)
All other material terms specific to your transaction

6.2 Execution Required

No funding will be provided until you have reviewed, signed, and returned the Purchase of Future Receivables Agreement along with any other required documents. You are responsible for reading and understanding all terms before signing. You are encouraged to consult with legal and financial advisors before executing any agreement.

6.3 Governing Document

In the event of any conflict between these Terms and Conditions and your Purchase of Future Receivables Agreement, the Purchase Agreement shall control with respect to the specific transaction.

6.4 New York Law Governs

Your Purchase of Future Receivables Agreement and these Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles.

7. PAYMENT TERMS

7.1 Payment Obligation

Payment terms will be specified in your Purchase of Future Receivables Agreement. As this is a purchase of future receivables, you agree to remit to Even Funding the purchased receivables amount according to the terms specified in your Agreement.

7.2 Payment Methods

Payment methods may include one or more of the following, as specified in your Purchase Agreement:

ACH Withdrawals: You authorize Even Funding to initiate ACH debits from your designated bank account(s) according to the schedule in your Agreement
Credit Card Processing Split: A percentage of your daily credit card receipts may be automatically remitted to Even Funding through your payment processor
Direct Payments: Wire transfers, ACH transfers, or other payment methods as agreed

You agree to maintain sufficient funds in designated accounts and not to close, freeze, or restrict accounts without prior written notice to Even Funding.

7.3 Receivables-Based Remittance

The remittance to Even Funding may be structured as:

A fixed daily or weekly payment amount
A percentage of daily or weekly credit card receipts
A percentage of all daily gross revenues or receipts
A combination of the above

The specific structure will be detailed in your Purchase Agreement.

7.4 Payment Priority

You acknowledge that remittances to Even Funding represent the sale of your future receivables and agree to prioritize these payments. You will not take actions that would impair Even Funding’s ability to collect the purchased receivables.

7.5 Prepayment

Prepayment terms, if any, will be specified in your Purchase Agreement. Some agreements may offer a discount for early payoff of the remaining purchased amount.

7.6 Reconciliation

If your Purchase Agreement includes a percentage-based remittance structure, periodic reconciliation may be required to ensure proper remittance. You agree to provide requested documentation for reconciliation purposes.

7.7 NSF and Returned Payments

If any ACH payment or other payment is returned for insufficient funds (NSF) or for any other reason, you may be charged a returned payment fee as specified in your Purchase Agreement or as permitted by law, and you agree to immediately remit the failed payment amount plus any applicable fees.

8. FEES AND CHARGES

8.1 Fee Disclosure

Even Funding charges fees for its services, which will be fully disclosed in your Purchase of Future Receivables Agreement before you accept the merchant cash advance. You are responsible for reviewing and understanding all fees before entering into any agreement.

8.2 Types of Fees

Fees may include, but are not limited to:

Origination Fee: May be charged to cover underwriting and processing costs (disclosed in Purchase Agreement)
Administrative Fees: May be charged for account maintenance or servicing (disclosed in Purchase Agreement)
Wire Transfer Fees: If you request funding via wire transfer, standard wire fees may apply
Returned Payment Fees: Charged when ACH or other payments are returned or rejected
Collection Costs: Reasonable costs incurred in collecting amounts due under the Agreement
Late Fees: As specified in your Purchase Agreement (if applicable)
Other Fees: As disclosed in your Purchase Agreement

8.3 Factor Rate vs. Interest Rate

Because a merchant cash advance is a purchase of future receivables and not a loan, Even Funding does not charge an interest rate. Instead, the cost is reflected in the difference between the advance amount you receive and the purchased receivables amount you remit. Some agreements may reference a “factor rate” to express this cost.

8.4 Fee Payment

All fees are due as specified in your Purchase Agreement and may be deducted from the advance amount at funding or added to the purchased receivables amount.

8.5 No Refunds

All fees paid to Even Funding are non-refundable except as specifically stated in your Purchase Agreement or required by law.

9. REPRESENTATIONS AND WARRANTIES

By using our services and accepting a merchant cash advance, you represent and warrant that:

a) All information provided in your application and supporting documents is true, accurate, complete, and not misleading
b) You have the full authority to bind your business to this Agreement and the Purchase Agreement
c) Your business is properly formed, validly existing, and in good standing in its state of formation
d) You have all necessary licenses and permits to operate your business
e) You are not currently in default on any financial obligations
f) There is no pending or threatened litigation, tax liens, or judgments that would materially affect your business or ability to perform
g) You will use the merchant cash advance for legitimate business purposes only
h) You have disclosed all material facts regarding your business financial condition
i) You will not file for bankruptcy or cease business operations while amounts are outstanding without providing Even Funding with advance notice
j) The financial statements and bank statements you provided are accurate and prepared in accordance with generally accepted accounting principles
k) There has been no material adverse change in your business since submitting your application

10. COVENANTS

While any purchased receivables amounts remain outstanding, you agree to:

a) Maintain your business in good standing in all jurisdictions where you operate
b) Maintain all necessary business licenses and permits
c) Maintain adequate business insurance coverage
d) Provide updated financial information and bank statements upon Even Funding’s request
e) Notify Even Funding immediately of any material adverse changes to your business, including significant revenue decreases, loss of major customers, litigation, or other material events
f) Not sell, transfer, assign, or substantially change your business structure without Even Funding’s prior written consent
g) Not close or change your primary business bank account without providing Even Funding with at least 10 business days’ prior written notice
h) Not grant security interests to other parties that would be senior to or conflict with Even Funding’s interests without disclosure and consent
i) Maintain accurate books and records in accordance with generally accepted accounting principles
j) Permit Even Funding to inspect your books, records, and business premises upon reasonable notice
k) Not engage in any fraudulent activities or intentionally impair Even Funding’s ability to collect purchased receivables

11. SECURITY INTEREST, UCC LIENS, AND PERSONAL GUARANTEES

11.1 Security Interest

The specific security interests, if any, granted to Even Funding will be detailed in your Purchase of Future Receivables Agreement. Even Funding may require a security interest in some or all of your business assets, which may include:

Accounts receivable
Inventory
Equipment
General intangibles
All other personal property of the business

11.2 UCC Filings

If a security interest is granted, you authorize Even Funding to file UCC-1 financing statements with the appropriate Secretary of State or other filing offices to perfect its security interest. You agree to cooperate with all UCC filing requirements and to execute any additional documents reasonably requested.

11.3 Personal Guarantees

Even Funding may require personal guarantees from business owners, principals, officers, or other individuals associated with your business. Personal guarantee requirements, if applicable, will be specified in your Purchase Agreement.

If a personal guarantee is required, the guarantor(s) will be personally liable for all obligations under the Purchase Agreement in the event the business fails to perform.

11.4 Subordination

You agree that Even Funding’s security interests and the rights to future receivables shall have priority. You will not grant conflicting or superior interests to other parties without Even Funding’s prior written consent.

12. DEFAULT, BREACH, AND REMEDIES

12.1 Events of Default

Specific events of default will be detailed in your Purchase of Future Receivables Agreement. Generally, you will be in default if:

You fail to make required remittances when due
You breach any material representation, warranty, or covenant
You file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors
Your business ceases operations or closes without notice
You provide false, misleading, or fraudulent information
A judgment, lien, or levy is entered against you or your business that materially impairs repayment
You grant a conflicting security interest or otherwise impair Even Funding’s rights
Your business experiences a material adverse change that affects your ability to generate receivables
You refuse to cooperate with reasonable requests for information or reconciliation
Any other events specified in your Purchase Agreement

12.2 Remedies Upon Default

Upon the occurrence of a default, Even Funding may exercise any or all remedies available under your Purchase Agreement, under applicable law, or in equity, including:

Declaring the entire remaining purchased receivables amount immediately due and payable (acceleration)
Exercising all rights under any security agreement, including repossession and sale of collateral
Pursuing collection through legal action
Calling upon any personal guarantees
Freezing or redirecting your merchant processing accounts (if applicable and authorized)
Reporting the default to credit bureaus
Pursuing all other legal and equitable remedies

12.3 Collection Costs and Attorney Fees

You agree to pay all reasonable costs incurred by Even Funding in collecting amounts due or enforcing its rights, including but not limited to:

Attorney fees and legal costs
Court costs and filing fees
Collection agency fees
Investigation and skip tracing costs
Any other reasonable enforcement costs

12.4 No Waiver

Even Funding’s failure to immediately exercise any right or remedy upon a default does not constitute a waiver of that default or any other default. Even Funding may exercise any remedy at any time.

13. CREDIT REPORTING

Even Funding may report your payment performance and any defaults to consumer and business credit reporting agencies. Late payments, missed payments, or defaults may negatively impact your personal and business credit scores and may affect your ability to obtain credit in the future.

14. BANKRUPTCY

14.1 Notice Requirement

You agree to provide Even Funding with immediate written notice if you or your business intends to file for bankruptcy protection or if an involuntary bankruptcy petition is filed against you.

14.2 Effect of Bankruptcy

The effect of bankruptcy on your Purchase of Future Receivables Agreement will be determined by applicable bankruptcy law and the specific terms of your Agreement. Because merchant cash advances may be characterized as purchases rather than loans, bankruptcy courts have issued varying rulings on their treatment in bankruptcy proceedings.

14.3 Cooperation

In the event of bankruptcy, you agree to cooperate fully with Even Funding and to provide accurate and complete information to the bankruptcy court regarding the nature of the transaction.

15. COMMUNICATIONS AND ELECTRONIC CONSENT

15.1 Consent to Contact

By submitting an application or accepting a merchant cash advance, you expressly consent to Even Funding and its agents, representatives, and service providers contacting you by:

Telephone calls to any number you provide (including mobile phones and numbers later reassigned)
SMS text messages to any mobile number you provide
Email to any email address you provide
Physical mail to your business or personal address
Messages through our customer portal or platform

15.2 Automated Communications

You acknowledge and agree that some communications may be generated through automated systems, including:

Automated account status updates
Payment reminders and confirmations
System-generated alerts and notifications
Funding status updates

However, Even Funding primarily uses live representatives for direct merchant contact and does not use automated dialers or pre-recorded messages for sales or collections purposes.

15.3 TCPA Compliance and Consent

By providing your telephone number(s), you expressly consent to receive calls and text messages from Even Funding regarding:

Your application status
Your account and payment information
Default notices and collection efforts
Marketing and promotional offers (you may opt out)
Other matters related to your relationship with Even Funding

This consent includes calls and texts made using automated technology where permitted by law. Message and data rates may apply for SMS messages.

15.4 Contact Information Accuracy

You agree to:

Keep your contact information (phone, email, address) current and accurate
Notify Even Funding immediately of any changes to your contact information
Ensure that phone numbers and email addresses you provide are your own and that you are authorized to receive communications at those addresses

15.5 Marketing Communications – Opt Out

You may receive marketing communications about additional products or services from Even Funding. You may opt out of marketing communications at any time by:

Replying “STOP” to any SMS marketing message
Clicking “unsubscribe” in marketing emails
Contacting customer support at support@evenfunding.com
Calling (929) 244-9630

Note: Opting out of marketing communications does not opt you out of transactional or account-related communications, which you will continue to receive as long as you have an active account or outstanding obligations.

15.6 Electronic Signatures and Records

You consent to conducting business electronically and agree that electronic signatures and records have the same legal effect as physical signatures and paper records. You agree that:

Electronic signatures on agreements are valid and binding
Documents may be provided electronically
Electronic communications constitute written notice
You can access and retain electronic records

16. PRIVACY AND DATA SECURITY

16.1 Privacy Policy

Your use of our services is governed by our Privacy Policy, available at https://evenfunding.com/privacy-policy/, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

16.2 Information Collection and Use

We collect, use, and share your personal and business information as described in our Privacy Policy and as authorized in your application and Purchase Agreement. This includes:

Personal identification information
Financial information and bank account data
Business financial information and credit card processing data
Credit reports and scores
Other information relevant to underwriting and servicing

16.3 Data Security

Even Funding employs commercially reasonable and industry-standard security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or electronic storage method is completely secure, and we cannot guarantee absolute security.

16.4 Third-Party Sharing

We may share your information with:

Service providers assisting with underwriting, funding, and servicing
Credit bureaus and credit reporting agencies
Banking institutions and payment processors
Legal and regulatory authorities as required by law
Professional advisors (attorneys, accountants) as needed
In connection with any sale, merger, or transfer of our business

We do not sell your personal information to third parties for their marketing purposes.

16.5 Data Retention

We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements.

17. ASSIGNMENT AND TRANSFER

17.1 Assignment by Customer Prohibited

You may not assign, transfer, or delegate your rights or obligations under these Terms or any Purchase Agreement without Even Funding’s prior written consent. Any attempted assignment without consent is void.

17.2 Assignment by Even Funding

Even Funding may assign, transfer, or sell its rights and obligations under these Terms or any Purchase Agreement to any third party without your consent. This includes the right to assign:

The right to receive purchased receivables
Any security interests
Any personal guarantees
All other rights and obligations

Even Funding will provide you with notice of any assignment that affects your payment obligations.

18. RENEWAL AND ADDITIONAL ADVANCES

18.1 No Automatic Renewal

Merchant cash advances do not automatically renew. Each advance is a separate transaction governed by a separate Purchase Agreement.

18.2 Additional Advances

If you are in good standing and have performed under your current Purchase Agreement, you may be eligible to apply for additional merchant cash advances from Even Funding. Approval of previous advances does not guarantee approval of future applications.

18.3 Stacking and Multiple Advances

Even Funding’s policy on multiple concurrent advances will be communicated to you during the application process. You must disclose any existing merchant cash advances or other financing obligations when applying.

19. CONFIDENTIALITY

19.1 Confidential Information

Both parties agree to maintain the confidentiality of non-public information disclosed during the application, underwriting, and servicing process. Confidential information includes:

Financial statements and business records
Credit information
Proprietary business information
Terms of the Purchase Agreement
Other sensitive business information

19.2 Permitted Disclosures

Either party may disclose confidential information:

As required by law or court order
To professional advisors (attorneys, accountants) under confidentiality obligations
To service providers under confidentiality agreements
To credit bureaus and reporting agencies
With the other party’s written consent

19.3 Public Information Exception

Information that is publicly available or independently developed is not considered confidential.

20. INTELLECTUAL PROPERTY

20.1 Ownership

All content, trademarks, service marks, logos, trade names, and intellectual property displayed on our website, in our communications, or in connection with our services are the property of Even Funding LLC or our licensors. This includes:

The “Even Funding” name and logo
Website design and content
Software and technology
Marketing materials
Proprietary processes and methods

20.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services solely for their intended purpose of applying for and managing merchant cash advances.

20.3 Prohibited Uses

You may not:

Copy, reproduce, modify, or distribute our content without written permission
Use our trademarks, logos, or branding without authorization
Reverse engineer, decompile, or attempt to access the source code of our technology
Frame or mirror our website content
Use our services for any unlawful purpose or in any way that violates these Terms
Interfere with or disrupt our services or servers

21. LIMITATION OF LIABILITY

21.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN FUNDING’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
IMPLIED WARRANTIES OF NON-INFRINGEMENT
WARRANTIES REGARDING ACCURACY, RELIABILITY, OR AVAILABILITY
WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

21.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN FUNDING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

Your use or inability to use our services
Any delays, errors, or interruptions in service
Loss of business, profits, revenue, or data
Business interruption
Any other commercial damages or losses

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF EVEN FUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.3 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN FUNDING’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO EVEN FUNDING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

21.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

21.5 Acknowledgment

You acknowledge that the fees charged by Even Funding reflect the allocation of risk set forth in these Terms and that Even Funding would not provide services without these limitations.

22. INDEMNIFICATION

22.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Even Funding LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors (collectively, the “Even Funding Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to:

Your breach of these Terms or any Purchase Agreement
Your violation of any law, regulation, or third-party rights
Your negligence or willful misconduct
Inaccurate, misleading, or fraudulent information you provided
Your use of the merchant cash advance
Your business operations
Any claim that your actions caused harm to a third party

22.2 Defense and Settlement

Even Funding reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any claim without Even Funding’s prior written consent.

22.3 Notice

Even Funding will provide you with prompt notice of any claim for which we seek indemnification, though failure to provide prompt notice will not relieve your obligations except to the extent you are materially prejudiced.

23. DISPUTE RESOLUTION

23.1 Governing Law

These Terms and any Purchase Agreement entered into between you and Even Funding shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

23.2 Jurisdiction and Venue

Any legal action, suit, or proceeding arising out of or relating to these Terms or any Purchase Agreement shall be instituted exclusively in the state or federal courts located in New York County, New York (or such other venue as specified in your Purchase Agreement).

You irrevocably consent and submit to the personal jurisdiction of such courts and waive any objection to venue in such courts, including any objection based on improper venue or forum non conveniens.

23.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, BOTH YOU AND EVEN FUNDING WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PURCHASE AGREEMENT.

23.4 Class Action Waiver

You and Even Funding agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

23.5 Attorney Fees

In any legal action or proceeding to enforce or interpret these Terms or any Purchase Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, costs of investigation, and other costs and expenses incurred in connection with such action or proceeding.

23.6 Informal Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact Even Funding at support@evenfunding.com to attempt to resolve any dispute informally. We will attempt to resolve disputes in good faith for a period of 30 days before either party may initiate formal proceedings.

24. FORCE MAJEURE

Even Funding shall not be liable for any delay or failure to perform any obligation under these Terms or any Purchase Agreement if such delay or failure is due to circumstances beyond our reasonable control, including but not limited to:

Acts of God (earthquakes, floods, fires, storms)
War, terrorism, civil unrest, or armed conflict
Government actions, laws, or regulations
Pandemic or epidemic
Labor strikes or disputes
Failures of telecommunications or internet infrastructure
Cyber attacks or system failures
Any other causes beyond our reasonable control

During any force majeure event, our obligations will be suspended for the duration of the event, and we will not be liable for any resulting delays or failures to perform.

25. MISCELLANEOUS PROVISIONS

25.1 Entire Agreement

These Terms and Conditions, together with any Purchase of Future Receivables Agreement, Privacy Policy, and any other written agreements between you and Even Funding, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous oral or written agreements, proposals, and representations.

25.2 Amendments and Modifications

Even Funding reserves the right to modify, amend, or update these Terms at any time in its sole discretion. We will notify you of material changes by:

Posting the updated Terms on our website at https://evenfunding.com/term-and-conditions/ with a new “Last Updated” date
Sending notice via email to your registered email address
Providing notice through our customer portal

Your continued use of our services after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you must discontinue use of our services.

Changes to these general Terms do not modify the specific terms of any existing Purchase Agreement, which remains governed by the terms in effect when executed.

25.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall remain in full force and effect.

25.4 Waiver

The failure of Even Funding to enforce any provision of these Terms or to exercise any right or remedy shall not constitute a waiver of such provision, right, or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of Even Funding. A waiver in one instance shall not constitute a waiver in any other instance.

25.5 Survival

The following provisions shall survive termination or expiration of these Terms or any Purchase Agreement: Sections regarding Representations and Warranties, Repayment Obligations, Fees, Default and Remedies, Indemnification, Limitation of Liability, Dispute Resolution, Confidentiality, and any other provisions that by their nature should survive.

25.6 Independent Relationship

Nothing in these Terms or any Purchase Agreement creates a partnership, joint venture, employment, franchise, or agency relationship between you and Even Funding. Neither party has the authority to bind the other or to incur obligations on the other’s behalf.

25.7 Headings

Section and subsection headings in these Terms are for convenience and reference only and shall not affect the interpretation or construction of these Terms.

25.8 Notices

All notices, demands, and other communications under these Terms or any Purchase Agreement shall be in writing and shall be deemed to have been duly given when:

Delivered personally
Sent by certified or registered mail, postage prepaid, return receipt requested
Sent by nationally recognized overnight courier
Sent by email with confirmation of receipt

Notices to Even Funding:

Even Funding LLC
Email: support@evenfunding.com
Phone: (929) 244-9630

Notices to You:

To the business address, email address, and phone number provided in your application or as subsequently updated in writing.

25.9 Language

These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version shall control.

25.10 Construction

These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted. Both parties acknowledge that they have had the opportunity to review these Terms and have had the opportunity to consult with legal counsel.

25.11 Counterparts and Electronic Signatures

Any Purchase Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures and electronically signed documents have the same legal effect as original signatures and documents.

26. CONTACT INFORMATION

If you have questions, concerns, or need assistance regarding these Terms and Conditions or any Even Funding services, please contact us:

Even Funding LLC

Phone:

(929) 244-9630

Email:
support@evenfunding.com

Website:
https://evenfunding.com

Customer Support Hours:
Monday – Friday: 10:00 AM – 6:00 PM EST
(Or as otherwise posted on our website)

27. ACKNOWLEDGMENT AND ACCEPTANCE

BY SUBMITTING AN APPLICATION, ACCESSING OUR SERVICES, OR ACCEPTING A MERCHANT CASH ADVANCE FROM EVEN FUNDING, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms and Conditions in their entirety
You agree to be bound by these Terms
You have had the opportunity to consult with legal and financial advisors
You understand the nature of merchant cash advances and the obligations you are undertaking
All information you have provided is accurate and complete
You consent to Even Funding’s collection, use, and sharing of your information as described in these Terms and our Privacy Policy

Document Version: 1.0
Last Updated: January 1st, 2026

These Terms and Conditions are subject to change. Please review them periodically for updates.