Terms of Use

1. About Motenza Capital

Motenza Capital provides commercial and business-purpose funding services and capital solutions.

Depending on the transaction, Motenza Capital may:

• conduct an internal preliminary review;
• evaluate a transaction through private or affiliated capital resources;
• deploy available internal capital where appropriate;
• work through strategic capital relationships;
• facilitate or arrange access to independent lenders or funding companies;
• connect applicants with financial institutions, specialty finance providers, factoring companies, equipment-finance providers, or other commercial capital sources; or
• provide other commercial-finance support, underwriting support, or coordination.

The specific entity identified in the applicable final financing agreement is the actual provider of capital for that transaction.

Motenza Capital is not a bank or depository institution and does not represent that it directly funds every transaction.

2. Commercial and Business Purposes Only

Services offered through this website are intended exclusively for legitimate commercial and business purposes.

Motenza Capital does not offer consumer-purpose personal loans or residential mortgage financing through this website.

By submitting an inquiry or application, you represent and certify that the financing requested is intended for a lawful business or commercial purpose and not primarily for personal, family, or household use.

You must notify Motenza Capital if the intended use of funds changes materially.

3. Eligibility and Authority to Act

By using the website or submitting information on behalf of a business, you represent that:

• you are at least 18 years old;
• you have legal capacity to provide the information submitted;
• you are an owner, officer, authorized representative, or other person authorized to act for the applicable business;
• you have authority to provide information concerning the business and its owners or principals where applicable; and
• your use of the website does not violate any law, agreement, obligation, or restriction applicable to you.

Motenza Capital may request documentation or verification of identity, ownership, authority, or business legitimacy before continuing consideration of a transaction.

4. No Guarantee of Approval, Offer, or Funding

Submitting an inquiry, application, authorization, document, or other information does not guarantee:

• approval;
• prequalification;
• receipt of an offer;
• receipt of financing;
• any particular financing amount;
• any particular interest rate or factor rate;
• any particular repayment structure;
• any particular term;
• any particular fee;
• availability of a specific product;
• submission to a specific capital provider; or
• completion of a transaction.

Preliminary indications, estimates, discussions, qualification results, automated outputs, or other communications are not binding commitments to lend or fund unless expressly stated in a final written agreement executed by the actual capital provider.

5. No Obligation to Review Every Capital Source

Motenza Capital operates across multiple potential capital channels but does not represent or warrant that every available lender, funder, bank, financing company, investor, broker, or other capital source in the marketplace will be reviewed or contacted.

Motenza Capital may determine which available capital channels appear reasonably appropriate for a particular transaction based on:

• information supplied by the applicant;
• requested financing amount;
• business history;
• revenue and cash flow;
• industry;
• credit profile;
• documentation;
• existing obligations;
• transaction structure;
• geographic availability;
• capital-provider requirements;
• underwriting considerations;
• risk considerations;
• availability of internal or external capital;
• business judgment; and
• other relevant factors.

Motenza Capital is not obligated to submit an application to every capital source within its network.

6. No Representation of Lowest Cost or Best Available Financing

Unless expressly agreed otherwise in writing, Motenza Capital does not represent or guarantee that an option presented through Motenza Capital will be:

• the lowest-cost financing available in the marketplace;
• the lowest-rate financing available;
• the longest available term;
• the highest available funding amount; or
• otherwise the “best” financing available from every possible source.

Applicants are encouraged to review available options carefully and may independently seek alternative financing.

The applicant remains responsible for determining whether a particular financing transaction is appropriate for the business.

7. Capital Providers and Independent Third Parties

Independent third-party capital providers generally maintain their own:

• underwriting criteria;
• eligibility requirements;
• credit policies;
• pricing;
• rates or factor rates;
• fees;
• repayment terms;
• agreements;
• disclosures;
• privacy practices;
• security procedures;
• servicing processes; and
• approval or decline decisions.

Unless expressly stated otherwise in writing, an independent third-party capital provider is not an employee or agent of Motenza Capital merely because Motenza Capital introduced, referred, submitted, or facilitated a potential transaction.

Likewise, Motenza Capital is not responsible for independent acts, omissions, representations, underwriting decisions, servicing activities, collection activity, system availability, or contractual performance of an independent capital provider, except to the extent responsibility cannot legally be disclaimed.

8. Final Financing Documents Control

Any financing transaction ultimately entered into by an applicant will be governed by the applicable final financing agreements, disclosures, authorizations, and other transaction documents.

If these website Terms conflict with a specific executed financing agreement concerning the financing transaction itself, the applicable executed transaction document will control with respect to that transaction.

Applicants are responsible for reviewing financing agreements carefully before signing or accepting funding.

9. Compensation

Motenza Capital may receive compensation in connection with commercial financing transactions.

Compensation may be paid by:

• funding providers;
• lenders;
• capital relationships;
• transaction participants; or
• other permitted sources.

Compensation may vary based on the capital provider, product, amount, structure, transaction characteristics, and other factors.

Unless expressly disclosed otherwise, Motenza Capital does not charge an advance fee merely to submit a standard business funding inquiry or application.

Where applicable law requires particular compensation, broker, or transaction disclosures, such disclosures will be provided as required.

10. No Fiduciary or Professional Advisory Relationship

Nothing in these Terms eliminates any duty that cannot lawfully be waived.

Applicants should obtain independent legal, accounting, tax, or other professional advice when appropriate.

11. Accuracy and Authorization of Information

You agree that information submitted to Motenza Capital will be accurate, truthful, current, and complete to the best of your knowledge.

You may not knowingly submit:

• false financial statements;
• altered or fabricated bank records;
• inaccurate ownership information;
• false identification;
• unauthorized personal information;
• misleading business records;
• fraudulent documents; or
• other materially false or deceptive information.

You authorize Motenza Capital to rely reasonably on information submitted by you or by persons reasonably appearing to act with your authority.

Motenza Capital may request clarification, additional documents, or verification at any stage.

Consideration of a transaction may be suspended or discontinued where information appears inaccurate, incomplete, inconsistent, unauthorized, or potentially fraudulent.

12. Verification, Fraud Prevention, Risk Analysis, and Technology-Assisted Review

Motenza Capital may use authorized personnel, technology platforms, service providers, analytics systems, verification tools, fraud-prevention tools, risk-management systems, and workflow automation to support:

• identity verification;
• business verification;
• document review;
• fraud detection;
• risk analysis;
• information validation;
• application processing;
• workflow management;
• underwriting support;
• security monitoring; and
• transaction review.

Technology-assisted systems may generate alerts, indicators, classifications, summaries, scores, flags, or other analytical information.

Such outputs are intended to support business review and do not constitute guarantees of identity, approval, fraud status, creditworthiness, eligibility, or funding.

Motenza Capital may suspend, escalate, decline, or request additional verification for an application where reasonably appropriate.

Motenza Capital does not publicly disclose confidential underwriting logic, proprietary risk models, internal system architecture, security-sensitive configurations, or complete vendor and technology infrastructure.

13. Credit Information and Separate Authorization

Depending on the transaction, evaluation may involve business credit, personal credit, public records, financial-account information, or other underwriting information.

Nothing in these Terms alone constitutes authorization for a consumer credit report or other activity for which separate authorization or permissible purpose is required by applicable law.

Where a separate credit authorization, identity authorization, bank-data authorization, or similar consent is required, it may be presented separately to the applicant.

The applicable capital provider may also require its own authorization.

14. Authorization to Use and Share Application Information

By voluntarily requesting funding assistance and submitting information to Motenza Capital, you authorize Motenza Capital to use relevant information for legitimate purposes associated with your request, including evaluation, verification, fraud prevention, processing, underwriting support, customer support, risk review, and potential funding-partner coordination.

Where appropriate and authorized, relevant application information may be disclosed to selected:

• capital providers;
• lenders;
• funding companies;
• financial institutions;
• affiliated or private capital resources;
• specialty finance providers;
• processors;
• verification providers;
• fraud-prevention providers;
• risk-management providers;
• technology providers;
• professional advisers; and
• other service providers reasonably necessary to evaluate or support the requested transaction.

Information handling is also governed by the Motenza Capital Privacy Policy and any additional applicable notices or authorizations.

15. SMS Communications

Providing a telephone number alone does not necessarily constitute consent to receive every type of SMS communication.

Use of this website, submission of an application, discussion of potential financing options, or introduction to a capital provider does not by itself create a fiduciary, investment-advisory, legal, tax, accounting, or financial-planning relationship between Motenza Capital and the applicant.

Where SMS consent is required, Motenza Capital will rely on the applicable opt-in or other legally permitted basis.

SMS communications may include application confirmations, document requests, identity or business verification communications, status updates, appointments, customer support, and other service-related communications.

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

Carriers are not liable for delayed or undelivered messages.

Recipients may reply STOP to opt out of applicable SMS communications or HELP for assistance.

Consent to receive SMS communications is not a condition of obtaining financing or purchasing a product or service.

Mobile telephone numbers, SMS opt-in information, and SMS consent are handled as described in our Privacy Policy and SMS Communications Policy.

Providing a mobile telephone number or submitting a funding application does not transfer SMS marketing consent to an independent lender, funding company, capital provider, broker, affiliate, or other third party.

16. Email, Telephone, and Electronic Communications

By providing contact information and requesting services, you authorize Motenza Capital to communicate with you regarding your inquiry, application, documentation, verification, potential funding options, transaction status, appointments, and customer support, subject to applicable law and any additional consent requirements.

You may also be asked to provide separate consent for electronic records, disclosures, signatures, or communications.

The Electronic Communications Consent and other applicable consent language should be reviewed together with these Terms.

17. Electronic Records and Signatures

Certain documents, authorizations, disclosures, and agreements may be provided or executed electronically.

Where required, separate electronic-signature or electronic-record consent may apply.

Electronic records maintained through approved systems may be used for legitimate business, compliance, evidentiary, security, and recordkeeping purposes, subject to applicable law.

Nothing in these Terms alters any statutory right to receive a document in another form where such right cannot lawfully be waived.

18. Privacy and Data Protection

The collection, use, sharing, retention, and protection of information is further described in the Motenza Capital Privacy Policy.

Sensitive applicant and business information may be handled through controlled systems, secure document workflows, identity-verification platforms, risk-management systems, fraud-prevention tools, and approved service providers where appropriate.

No website, transmission method, cloud system, database, security control, or electronic storage environment can be guaranteed to be completely secure.

Users should not send sensitive credentials, passwords, complete Social Security numbers, or confidential financial documents through unsecured channels unless specifically instructed to use an approved secure process.

19. Website Content and No Reliance

Website information is provided for general informational and commercial-finance purposes.

Funding products, capital-provider availability, eligibility standards, rates, terms, requirements, laws, and market conditions may change.

Although Motenza Capital seeks to maintain useful and accurate website information, we do not warrant that every page, description, estimate, example, availability statement, or other website item will always be complete, current, error-free, or applicable to every business.

20. Illustrations, Calculators, Estimates, and Examples

Any calculator, example, estimated payment, illustrative rate, estimated amount, potential qualification, scenario, or other informational output displayed on the website is illustrative unless expressly identified as a binding written offer from the applicable capital provider.

Actual terms may differ materially.

21. No Legal, Tax, Accounting, Investment, or Financial-Planning Advice

Website content and communications concerning commercial funding do not constitute:

• legal advice;
• tax advice;
• accounting advice;
• securities advice;
• investment advice; or
• financial-planning advice.

Applicants should consult qualified advisers regarding their particular circumstances when appropriate.

22. Intellectual Property

Unless otherwise stated, the Motenza Capital name, branding, logos, graphics, website design, text, photographs, presentations, documents, and other proprietary website materials are owned by or licensed to Motenza Capital or IMG Business Consulting LLC.

You may not copy, reproduce, modify, republish, sell, commercially exploit, systematically download, scrape, or redistribute proprietary materials without authorization except as permitted by law.

23. Prohibited Uses

You may not use the website or Motenza Capital systems to:

• engage in fraud or unlawful activity;
• impersonate another person or business;
• submit unauthorized or false information;
• submit altered or fabricated documents;
• interfere with website functionality or security;
• access systems or data without authorization;
• introduce malicious code;
• circumvent access controls;
• conduct unauthorized vulnerability testing or security scanning;
• scrape or harvest information in violation of these Terms;
• misuse applicant, partner, employee, or company information; or
• use Motenza Capital services for unlawful, abusive, deceptive, or unauthorized purposes.

24. Third-Party Websites, Services, and Platforms

The website may contain links to or integrations with independent third-party websites, service providers, capital providers, verification platforms, or other systems.

Motenza Capital does not control independent third parties and does not warrant their:

• availability;
• security;
• accuracy;
• content;
• privacy practices;
• terms;
• performance; or
• services.

Use of an independent third party may also be governed by that party’s own terms and privacy policies.

25. Availability and Modification of Services

Motenza Capital may add, modify, suspend, restrict, or discontinue website features, products, capital channels, application processes, or services at any time where reasonably appropriate.

Products and services may not be available in all states, industries, or circumstances.

Availability may depend upon law, underwriting, capital-provider requirements, documentation, risk considerations, capital availability, and business considerations.

26. Right to Decline or Discontinue Consideration

To the extent permitted by law, Motenza Capital may decline, suspend, discontinue, or refer an inquiry or application elsewhere based on legitimate business considerations, including:

• eligibility;
• incomplete information;
• verification concerns;
• suspected fraud;
• compliance considerations;
• unavailable capital channels;
• provider requirements;
• unsupported industries;
• documentation issues;
• transaction structure; or
• other relevant considerations.

Nothing in these Terms requires Motenza Capital or a capital provider to approve, continue reviewing, or consummate a transaction.

27. Limitation of Liability

To the maximum extent permitted by applicable law, Motenza Capital, IMG Business Consulting LLC, and their applicable owners, managers, officers, employees, representatives, affiliates, contractors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

• use or inability to use the website;
• reliance on general website information;
• interruption or unavailability of third-party services;
• decisions of independent capital providers;
• rejected, delayed, modified, or unavailable financing;
• acts or omissions of independent transaction participants; or
• other matters arising from website use,

except to the extent such liability cannot legally be limited or excluded.

Nothing in these Terms waives any liability, duty, or remedy that cannot lawfully be waived.

28. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Motenza Capital, IMG Business Consulting LLC, and their applicable owners, managers, officers, employees, representatives, and affiliates from third-party claims, damages, losses, liabilities, and reasonable expenses arising from:

• your unlawful or unauthorized use of the website;
• your material violation of these Terms;
• information or documents knowingly submitted by you that are fraudulent or materially false;
• your infringement of third-party rights; or
• unlawful conduct attributable to you.

This section does not require indemnification to the extent prohibited by applicable law.

29. No Partnership, Joint Venture, or Agency Created by Website Use

Except where expressly established by a separate written agreement, use of this website or participation in an application process does not create a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship between the applicant and Motenza Capital.

Likewise, references to “partners,” “funding partners,” “capital partners,” “relationships,” or similar commercial terminology on the website do not by themselves establish a legal partnership or joint venture.

30. Force Majeure and Events Beyond Reasonable Control

Motenza Capital is not responsible for delay or inability to perform website or operational functions caused by circumstances beyond its reasonable control, including:

• internet or telecommunications outages;
• cloud or technology-provider outages;
• banking or payment-network disruptions;
• government action;
• cyber incidents affecting third parties;
• natural disasters;
• severe weather;
• power failures;
• labor disruptions; or
• other comparable events,

subject to obligations that cannot lawfully be limited.

31. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law or another jurisdiction’s mandatory law controls.

Nothing in these Terms eliminates rights or obligations imposed by non-waivable applicable law.

32. Venue

Unless a separate written agreement governing a particular transaction requires a different forum, and except where mandatory law provides otherwise, any judicial proceeding arising primarily from use of this website or these Terms shall be brought in a court of competent jurisdiction serving Broward County, Florida, or the applicable federal court with jurisdiction over that area.

33. Separate Transaction Agreements and Dispute Terms

An independent capital provider or other transaction participant may require separate dispute-resolution terms, governing-law provisions, arbitration provisions, venue provisions, or other contractual requirements.

Those provisions apply to the applicable agreement according to their terms.

These website Terms do not modify a separate executed financing agreement unless expressly stated in writing.

34. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Where permitted, an invalid provision may be interpreted or limited to the minimum extent necessary to make it enforceable while preserving its intended purpose.

35. No Waiver

Failure by Motenza Capital to enforce a provision of these Terms on one occasion does not constitute a waiver of that provision or the right to enforce it later.

36. Assignment

You may not assign rights or obligations arising solely under these Terms in a manner that materially affects Motenza Capital without our prior written consent.

Motenza Capital may transfer or assign applicable rights and obligations in connection with a merger, acquisition, restructuring, financing, sale of business assets, corporate reorganization, or similar transaction, subject to applicable law.

37. Survival

Provisions that by their nature should survive termination of website use will survive, including provisions concerning intellectual property, limitations of liability, indemnification, governing law, venue, records, and dispute-related matters.

38. Changes to These Terms

Motenza Capital may revise these Terms as its services, business model, technology environment, capital relationships, or legal obligations evolve.

The current version will be posted on the official Motenza Capital website with an updated revision date.

Where applicable law requires additional notice or consent for a particular change, Motenza Capital will provide such notice or obtain such consent as required.

39. Related Policies and Disclosures

These Terms should be read together with applicable Motenza Capital policies and disclosures, including:

• Privacy Policy
• SMS Communications Policy
• Electronic Communications Consent
• Funding Disclosure
• Security & Data Protection Policy
• Cookie Policy
• Compliance Policy
• Disclaimer

Additional application-specific, verification, credit, bank-data, electronic-signature, funding-provider, or transaction agreements may also apply.

40. Contact Information

Questions regarding these Terms may be directed to:

Motenza Capital provides commercial and business-purpose services only. Motenza Capital is not a bank. Certain programs may be offered through independent participating capital providers and may not be available in all states.

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