Last updated April 10, 2023
1. GETTING STARTED
Welcome to Boundless! We’re a platform that facilitates connections between lenders and borrowers.
To access our website at https://www.getboundless.io/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, our “Platform”), you must agree to these terms of use (“Terms”), which constitute a legal agreement between you (“you”, “your”, or “user”) and Boundless Financial Corp. (“Boundless”, “we”, “us”, or “our”) and which set forth the terms and conditions for your use of our Platform.
By accessing or using our Platform or otherwise indicating your consent to these Terms, you agree to be bound by these Terms and the documents that are referred to in these Terms (including our privacy policy). If you are creating a business user account, you hereby represent and warrant that you have authority to bind the organization on behalf of whom you are creating an account. You hereby agree to these Terms on behalf of yourself as an individual and on behalf of the organization that you represent (and herein any reference to “you”, “your” or “user” shall encompass both you as an individual and your organization). If you do not want to agree to these Terms, you must not access or use our Platform. By accessing or using the Platform, you represent to us that you are a legal resident of Canada, are the legal age of majority under applicable law to form a binding contract with us, and are not prohibited by applicable law from accessing or using our Platform.
If you have questions regarding your access to or use of the Platform or about these Terms, please contact us by e-mail at support@getboundless.io.
2. CREATING A BUSINESS USER ACCOUNT
2.1 Creating Your Business User Account
To access and use certain services available through our Platform, you will first be required to create a business user account. We reserve the right to restrict access to our services based upon any lawful grounds, including your location or place of residence. Our services that require you to have a business user account include analytics tools and lending community platform (our “Account Services”).
To create a business user account, you may be required to provide:
• Business details, including your business name, constating documents, address, trade name, type of business, industry, URL, date of incorporation/formation, revenue and credit score;
• Details about the ownership of your business, including your owner’s (or owners’) name (s), title(s), date(s) of birth, ownership %, address(es), driver’s license or other government-issued identification, SIN/SSN(s), phone number(s), email(s) and credit score(s);
• Financial information, including the amount of funds you are requesting, intended use of funds, timing of funding requirements, and any additional information reasonably requested to complete your account or application(s).
• Account formation information, including a login name, and a password, and other information related to your business user account that we may require from time to time (the information you provide when creating a business user account is collectively called your “Account Details”). When creating a business user account, you agree to provide correct, current, and complete Account Details, and to promptly update your Account Details if any information changes – for example, if you change your email address.
While we take steps to protect your Account Details, you acknowledge and agree that you are also responsible for maintaining the confidentiality of your Account Details. If you believe any of your Account Details (such as your password) have been compromised or that someone else is accessing your business user account, you agree to promptly inform us and to take reasonable steps to secure your business user account – for example, by changing your password.
You acknowledge and agree that your business user account is personal to you as an individual acting on behalf of your organization, and that you cannot share your business user account with, or transfer your business user account to, another individual without our prior written consent.
2.2 Verifying Your Identity
To use some of the Account Services available through our Platform, we may first require that you help us verify your identity. Accordingly, you agree to authorize us to make any inquiries we consider reasonably necessary to validate your identity upon our request and to cooperate in getting answers to those inquires, including taking steps to verify the email address you use to create your user account. If you do not respond to our request to make inquiries or if we cannot verify your identity to our satisfaction, you acknowledge that we may refuse to allow you to use such Account Services.
2.3 Linking to Your Account
To use the Platform, you may need to provide Boundless with access to your account information, balance information, and/or certain other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). By using the Platform, you authorize Boundless to access Third-Party Account Information on your behalf as your agent, and you hereby expressly authorize applicable third parties to disclose your information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us secure, and for keeping those passwords and usernames up to date in the Platform.
Boundless does not review information, including information you provide, maintained by third parties for accuracy, legality, or non-infringement, and Boundless is not responsible for your information or products and services offered by or on third-party sites.
You acknowledge that any information based on your linked account(s) that is displayed through our Platform will be the information we most recently accessed by us, and that this information may not be accurate, up-to-date, or reflect pending transactions or other recent activity.
3. USING OUR SERVICE
3.1 Overview of Our Lending Connection Platform
We offer users with a business user account connections to lenders through a centralized platform, simplifying your application process. We do not provide any financial advice, nor do we recommend any particular lender or terms. On the basis of your application (or upon further requests for information), a lender may advance you funds on terms offered by the lender (a “Loan”). Your Loan agreement with any particular lender is an agreement directly between you and the lender, and we are not a party to any such agreement.
3.2 Using our Service
Our Account Services may only be used by you acting on behalf of a commercial organization, in connection with your organization’s desire to enter into a commercial credit application and transaction. Our Account Services may not be used for personal, family, consumer or household purposes.
You hereby represent and warrant, at all times that you hold an account with the Platform, that your organization:
i. is lawfully incorporated and in good standing under the laws of Canada or the United States;
ii. duly authorized to, and has capacity to accept these Terms of Use; and
iii. is not insolvent and has not filed for protection under bankruptcy laws, made an assignment for the benefit of creditors, appointed or suffered appointment of a receiver or trustee over its property, filed a petition under any bankruptcy or insolvency act, nor had any such petition filed against it.
You further represent and warrant that you, the organization’s officers and directors, are not Specially Designated Nationals (under the laws of the United States of America), sanctioned individuals or entities, a credit clinic, a credit repair organization, listed on an Experian Customer Alert List, included on any government issued prohibition list, and have not been involved in credit fraud or other unethical business practices.
3.3 Fees
To the extent that we charge any fees, including application fees (which you will be notified of in writing prior to incurring any such fees), you hereby agree that Boundless may: (i) charge and receive a commission, referral fee, or other similar compensation (“Fees”) from you and/or from third parties, including lenders, integrators and other third-party service providers, in connection with Boundless’ provision of Account Services (including facilitation of your Loan application(s)) without further disclosure to you. Unless otherwise stated, all Fees are exclusive of any value added, goods and services, sales, use, property, excise and like taxes, import duties, and/or applicable levies (“Taxes”). Boundless may charge any form of payment that you have provided and/or deduct Fees (and applicable Taxes) from amounts loaned or transferred to you by third parties prior to your receipt of such funds. You agree to keep any form of payment provided to Boundless updated. Fees shall be due and payable immediately without invoice when incurred.
3.4 Requesting a Loan
You may create an application and send your application through lenders through our Platform. To create and send an application, you may be required to:
i. provide requested information regarding your company and financial needs (see Section 2), which we may provide to third parties in accordance with our privacy policy; and
ii. agree to additional terms with us, or with third parties including potential lenders (including but not limited to additional information requests).
By applying for a loan, you represent to us that your application for such loan is truthful and accurate. You hereby hold us harmless for any liability in connection with such loan, and agree to indemnify us for any losses incurred as a result of any claim made by any third party, including a lender, in connection with a loan. Please note that loan applications are only accepted and sent to lenders at Boundless’ sole and unfettered discretion.
Please further note that Boundless may create and utilize proprietary scoring systems associated with you and your applications. These scores are not necessarily the same as scores you may receive from any credit monitoring or scoring organization. The manner in which Boundless creates and updates scores is a proprietary secret of Boundless. Boundless may share scores with lenders and other third parties in accordance with our privacy policy. You are not entitled to see your scores except at Boundless’ sole, unfettered discretion.
3.5 Cancelling Your Account Services
You may cancel your business user account at any time through the Platform or by notifying us by email at support@getboundless.io. Cancellation may not be immediate, but shall be completed in a reasonably timely manner. Boundless reserves the right to suspend, restrict, or terminate your access to your business user account at any time, and for any reason.
4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Our Platform and all the content of on our Platform (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Platform), the manner in which such content is presented or appears and all information relating thereto, and our Platform’s features and functionality (collectively, the “Platform IP”) are owned by us, our licensors, or other providers of such Platform IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
We grant you a personal, revocable, non-transferable, and non-exclusive license to access and read the Platform IP.
You agree that, except as explicitly authorized by us, you will not:
i. distribute the Platform IP for any purpose, including, without limitation, by compiling an internal database, or by redistributing or reproducing the Platform IP by the press or media or through any commercial network, cable, or satellite system;
ii. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Platform IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
iii. allow any third party to access the Platform IP.
5. HOW WE HANDLE DISPUTES
If you believe you were charged any fees by us incorrectly or received a Loan that you did not request, please contact us immediately at support@getboundless.io and include your name, login name, and the issue that you would like us to look into, including the dollar amount of that issue, if applicable.
We will try to resolve the issue you have notified us about within 10 business days of receiving your notice; however, you acknowledge that we may be unable to resolve the issue you have notified us about within that timeframe. We may, in our discretion, reimburse you for any amounts at issue for the period during which we attempt to resolve the issue, however we are not obligated to do so.
6. PRIVACY POLICY
Your use of our Platform is governed by our privacy policy, which can be found here: https://www.getboundless.io/privacy. By accessing or using our Platform or otherwise submitting your personal information to us, you consent to our collection, use, and disclosure of your personal information in accordance with the terms of our privacy policy. Our privacy policy is incorporated into these Terms by reference and form an integral part of these Terms.
7. COMMUNICATIONS
In your use of the Platform, we may request your consent to receive email, SMS, or other electronic messages or telephone calls from us or anyone on our behalf at the email address or phone number you have provided to us, so that we are able to provide you with information related to your use of the Platform. You consent to the exchange of information and documents between you and us electronically over the Internet, by email, or by telephone. If you have a business user account with Boundless or have purchased a product or service from Boundless, we may send you information or documents to the email address or telephone number in your Account Details or as provided to us by you in the course of purchasing such product or service from us.
To the extent you have provided us with your email address or telephone number, you represent and warrant to us that such email address or telephone number is yours and that you are permitted to receive emails, calls, or text messages at the email address or telephone number you have provided to us. You agree to promptly alert us whenever you stop using the email address or telephone number that you have provided to us.
You acknowledge that you may incur costs to receive phone messages, text messages, emails or other electronic communications from us and agree that you are responsible for such costs.
8. LIMITATIONS OF USE
Our Platform is for your commercial and non-personal use only. You agree that you will only access or use our Platform for lawful purposes and in accordance with these Terms, and that you will not access or use our Platform to:
i. violate or promote the violation of any government-imposed restriction or rule or of any third party’s rights;
ii. impersonate any person or entity, misrepresent your affiliation with a person or entity, or do any other thing or act that brings the Boundless, any other user of our Platform, or any third-party into disrepute or causes us liability;
iii. distribute viruses, malware, or any other technologies that are malicious or that may harm us, our Platform, other users of our Platform, our affiliates, or any third party, or in any other way interfere or attempt to interfere with the proper working of our Platform;
iv. reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third party, or otherwise publish, deeplink, create derivative works from or exploit in any way our Platform or any content on our Platform except as permitted by the us under these Terms; or
v. harvest or otherwise collect, use, or disclose (including using any robot, spider, or other automatic device, process, or means) content on our Platform or personal information about any other user of our Platform.
9. TERMINATION
We may in our sole discretion for any or no reason, with or without notice, and at any time:
i. terminate these Terms;
ii. limit, suspend, or terminate your access to or use of the Platform;
iii. take technical and legal steps to prevent you from accessing or using the Platform; or
iv. remove or otherwise modify any information or content you have provided through the Platform.
Any such termination or action taken by us under this section 9 is in addition to and without prejudice to such rights and remedies as may be available to us, including injunction and equitable remedies. Any terms of these Terms which are necessary to give effect to our rights under these Terms or that contemplate survival beyond termination will survive, except to the extent not permitted by law.
10. LIMITATION OF LIABILITY AND DISCLAIMERS
10.1 Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, IN NO EVENT WILL BOUNDLESS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF BOUNDLESS OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT ON THE PLATFORM, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES BOUNDLESS MAY MAKE TO THE PLATFORM OR TO ANY CONTENT ON THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE PLATFORM OR ANY CONTENT ON THE PLATFORM; (C) YOUR FAILURE TO PROVIDE BOUNDLESS WITH ACCURATE ACCOUNT DETAILS OR TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF BOUNDLESS IS FOUND TO BE LIABLE FOR ANY REASON, BOUNDLESS’ LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (A) THE TOTAL FEES SUCH PARTY MADE TO BOUNDLESS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (B) $100 CAD.
10.2 Availability, Completeness, and Quality
You understand and agree that the Platform, any content on the Platform, and any services or items found or attained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, Boundless makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Platform or any content on the Platform, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Platform or any content on the Platform, that the Platform or any content on the Platform will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Platform or any content on the Platform for a particular purpose. Boundless assumes no obligation to update the Platform or any content on the Platform. The Platform or any content on the Platform may be changed without notice to you.
To the maximum extent permitted by applicable law, Boundless excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which Boundless may otherwise have to you as a result of any error or inaccuracies in the Platform or any content on the Platform, the unavailability of the Platform for any reason, or any representation or statement made on or through the Platform or any content on the Platform.
10.3 Downloads
Boundless cannot and does not guarantee or warrant that files or data available for downloading from the Platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer internet and data security. To the fullest extent provided by law, Boundless will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items found or attained on or through the Platform or to your downloading of any material posted on or through the Platform, or on any website linked to the Platform.
10.4 Third-Party Sites
The Platform or content on the Platform may contain links to third-party sites or may interoperate with certain third-party sites or services. Boundless does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Platform or from any content on the Platform. Where you access such sites, you acknowledge and agree you are doing so at your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, Boundless is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that Boundless is affiliated or associated with such third party in any way. Boundless does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Platform or in any content on the Platform is not and should not be construed as an endorsement of that party or its product or service.
10.5 No Reliance
Any reliance you may place on the Platform or any content on the Platform is at your own risk. Any content provided by Boundless on or through the Platform is provided for general information purposes only. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Platform or any content on the Platform.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree at all times to indemnify, defend, and hold harmless Boundless, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by Boundless, or arising out of or relating to your breach of these Terms, your access or use of the Platform, your violation of any applicable law or regulation, your withdrawal of any pre-authorized consent without prior notice to us, or violation of any third-party’s intellectual property or other rights.
12. MODIFICATION OF THIS AGREEMENT
Boundless reserves the right in our sole discretion to amend these Terms for any or no reason, at any time, and from time to time. All such amendments will be effective from the date they are published and will apply to all access to or continued use of the Platform.
By continuing to use or access the Platform following such amendment, you agree to be bound by the Terms as amended, regardless of whether or not Boundless notified you of such amendments. You agree to periodically review these Terms in order to be aware of any amendments.
No changes to these Terms are valid or have any effect unless agreed to by us in writing.
13. NEW JERSEY RESIDENTS
If you have rights under the consumer protection laws of the State of New Jersey, including the Truth-in-Consumer Contract, Warranty and Notice Act, these Terms do not limit or waive your rights under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. These Terms do not limit, vary, diminish or alter your rights under New Jersey law, including as related to limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. In any event, we reserve all rights, defenses, and permissible limitations under the laws of the State of New Jersey and under the laws of your jurisdiction of residence, as applicable.
14. CALIFORNIA RESIDENTS
14.1 Consumer Rights Notice
Under California Civil Code Section 1789.3, Boundless must provide California residents with the following specific consumer rights information:
• This website is owned and operated by Boundless Financial Corp.
• Unless otherwise expressly stated, this website is provided without charge.
To file a complaint regarding this website or to receive further information regarding use of this website, please contact Boundless at support@getboundless.io. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210
15. MISCELLANEOUS
15.1 Force Majeure
Boundless will have no liability to you for any breach of these Terms caused by any event or circumstances beyond Boundless’ reasonable control, including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
15.2 No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
15.3 Governing Law, Jurisdiction, and Attornment
Except as noted within, these Terms are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding your domicile, residence, or physical location.
Except as required by law, for the purpose of all legal proceedings, these Terms shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under or out of these Terms. You and us both agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
To the fullest extent permitted by law, you agree to waive any right you may have to a trial by jury or to commence or participate in any class action against us related to the Platform, any content on the Platform, or these Terms.
15.4 Waiver
No failure by us to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver by us thereof. No single or partial exercise by us of any right, remedy, power, or privilege hereunder precludes any other or further exercise by us thereof or the exercise of any other right, remedy, power, or privilege.
15.5 Severability
Any term of these Terms that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without affecting the remaining terms of these Terms or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
15.6 Entire Agreement
These Terms together with our privacy policy contain the entire understanding and agreement between you and us in relation to your use of the Platform, and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication.
15.7 Assignment
You may not assign, sublicense, or otherwise transfer any of your rights and obligations in these Terms to any other person. We may freely assign these Terms.
15.8 General Provisions
All rights not expressly granted by us herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Fees are non-refundable.
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