Terms & Conditions
Effective as of October 10, 2025
Last updated October 10, 2025
1) Ownership of Site; Agreement to Terms of Use
The Starfish Advance website(s) and online service(s) (the “Website”) are operated by Starfish Advance LLC and its parents, subsidiaries, and affiliates (collectively, “Starfish Advance,” “we,” “our,” or “us”). Starfish Advance provides small-business funding products and related services such as underwriting, servicing, and account management (the “Service” or “Services”). We are not an investment advisor or financial planner and do not provide financial, securities, legal, or tax advice. Before making decisions, consult your accountant, attorney, or other advisors.
“You” means the individual using the Website and the company seeking or using the Services. Unless noted otherwise, any agreement, authorization, or consent you provide applies to—and binds—your company.
By accessing the Website or applying for/using the Services, you acknowledge that you’ve read, understand, and agree to be bound by these Terms of Use (this “Agreement”) and that all information submitted by you and/or your company is accurate and complete.
You may not use the Services if you are under 18. BY USING THE WEBSITE OR APPLYING FOR/USING ANY SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 (OR THE MINIMUM AGE REQUIRED IN YOUR STATE), A LEGAL U.S. RESIDENT, AND HAVE AUTHORITY TO BIND THE COMPANY SEEKING CREDIT. You understand that, where applicable, a personal guaranty may be required and Starfish Advance may take a security interest in business assets for certain products. Please print or save a copy of this Agreement for your records.
This Agreement may be supplemented by additional written agreements (e.g., a loan agreement, promissory note, security agreement, or program terms) (each, an “Additional Agreement”). If there is a conflict, the Additional Agreement controls for that product/subject; this Agreement otherwise remains in effect
2) Modifications
We may update this Agreement at our discretion. Changes are effective when posted with an updated “Last updated” date. Your continued use of the Website/Services constitutes acceptance of the changes. We may (but are not required to) provide separate notice. Please review this page periodically.
3) Credit & Background Check Authorization
If you apply for financing, you authorize Starfish Advance and our agents/affiliates/assignees to obtain background checks, investigative reports, credit reports (business and/or personal), bank and processor data, identity/fraud checks, and other information from third parties as reasonably needed to evaluate eligibility, underwrite, service, renew, or review credit, or for other lawful purposes. Upon written request, we’ll advise if we obtained a consumer report. No approval is guaranteed.
4) Registration & Account Security
Some features require registration. You’re responsible for your username/password, any activity under your account, and notifying us promptly of suspected unauthorized use. Do not share credentials. We aren’t liable for losses arising from authorized or unauthorized use of your credentials before you notify us to disable the account.
5) Information Collected & Used
Our data collection, use, and sharing practices are described in our Privacy Policy (incorporated here by reference). The Privacy Policy explains how we collect information you provide (e.g., application data, uploaded documents), information collected automatically (e.g., IP, device/browser, geolocation), and information from third parties (e.g., credit bureaus, verification providers, referral partners). Your continued use of the Website/Services constitutes consent to the Privacy Policy as posted at the time of access.
Analytics & Advertising Technologies
We may use tools such as Google Analytics, FullStory, and identity/advertising partners (e.g., authenticated traffic solutions) as described in our Privacy Policy to understand Website usage, improve the user experience, and provide interest-based advertising. You can manage preferences via platform controls and industry opt-outs as available. See our Privacy Policy for details and opt-out links.
6) Site Security & Acceptable Use
You acknowledge that authentication via username/password is an appropriate security measure and that internet transmissions may not be fully secure. You agree not to: (i) access data not intended for you; (ii) harvest or attempt to obtain personal data of other users; (iii) probe, scan, or test the vulnerability of the Website/Services without authorization; (iv) interfere with or disrupt the Website/Services or our networks (e.g., viruses, flooding, spamming); or (v) send unauthorized promotions or advertisements. Violations may result in civil/criminal liability and/or termination.
We use commercially reasonable administrative, technical, and physical safeguards; however, we cannot guarantee absolute security. Emails or other communications to us may not be encrypted.
7) Identity Verification & Bank Data
You acknowledge that authentication via username/password is an appropriate security measure and that internet transmissions may not be fully secure. You agree not to: (i) access data not intended for you; (ii) harvest or attempt to obtain personal data of other users; (iii) probe, scan, or test the vulnerability of the Website/Services without authorization; (iv) interfere with or disrupt the Website/Services or our networks (e.g., viruses, flooding, spamming); or (v) send unauthorized promotions or advertisements. Violations may result in civil/criminal liability and/or termination.
We use commercially reasonable administrative, technical, and physical safeguards; however, we cannot guarantee absolute security. Emails or other communications to us may not be encrypted.
8) Proprietary Rights
The Website/Services, and all related content, software, code, graphics, text, audio, video, designs, documents, and downloadable materials (collectively, “Content”), are owned by Starfish Advance or our licensors and protected by law. You may use the Content solely in connection with the Services. You may not copy, modify, distribute, create derivative works, reverse engineer, or otherwise exploit the Content or technology, except as expressly permitted in writing.
9) Electronic Communications & E-Sign
By using the Website/Services or submitting an application, you consent to receive disclosures and communications electronically (subject to our E-Sign Agreement, presented during application or account creation). We may respond to inquiries by email at the address you provide.
10) Consent to be Contacted (Calls/Email/Text)
By providing contact information (e.g., phone, mobile, email, address), you expressly consent to Starfish Advance and those acting on our behalf contacting you by phone (including prerecorded/artificial voice and/or autodialers where permitted), email, text (non-MFA messaging), and mail about applications, accounts, payments, collections, or marketing—even if your number is on a Do-Not-Call registry. Consent is not a condition of credit. You may opt out of marketing as described in our Privacy Policy or by contacting us. Operational messages (e.g., account notices, collections) may still occur.
11) SMS Text Message Terms & Conditions
If you opt in to receive SMS from Starfish Advance:
We may send recurring texts related to applications, account updates, and promotions (non-MFA).
For multi-factor authentication (MFA), we send a one-time text per login request.
Message/data rates may apply. Frequency varies.
To stop marketing/operational texts (non-MFA), reply STOP; for help, reply HELP.
Data from SMS (e.g., phone number, carrier, date/time/content) may be processed per our Privacy Policy.
Carriers are not liable for delayed/undelivered messages.
We may modify or end the SMS program at any time.
MFA codes are used solely to complete login and are not shared with third parties for their marketing.
Support for SMS: help@starfishadvance.com
12) Instant Funding (if offered)
If Starfish Advance offers an “Instant Funding” feature, availability will depend on your bank/card network, registration, and our eligibility rules. Transfer timing and limits may vary by bank/network and our policies. We may require that the debit card match the business account on file. Instant Funding may be unavailable during service disruptions. We may change, suspend, or discontinue the feature at any time.
13) DMCA – Copyright Notice (17 U.S.C. § 512)
We respect intellectual property rights. If you believe content on the Website infringes your copyright, send a notice including: (i) the copyrighted work(s) claimed; (ii) the allegedly infringing material and location; (iii) your contact information; and (iv) a signed statement of good-faith belief and accuracy under penalty of perjury that you are authorized to act. Counter-notices must meet statutory requirements.
Agent for Notices (DMCA):
Starfish Advance LLC – Legal Department
261 Madison Ave, Floor 9
New York, NY 10016
Email: help@starfishadvance.com
14) Third-Party Sites & Content
The Website/Services may link to third-party sites or display third-party content (collectively, “Third-Party Sites”). We do not control or endorse, and aren’t responsible for, Third-Party Sites (including accuracy, reliability, privacy, or security). If we refer you to another capital provider/lender, you are that provider’s customer for those products; we don’t guarantee or underwrite their offerings.
15) Pre-Dispute Notice & Opportunity to Cure
Before filing any claim, lawsuit, or arbitration (a “Claim”), you agree to send Starfish Advance a written notice describing the Claim, the requested correction, and a cure deadline at least 30 days out. If we take the requested corrective action within that time, no lawsuit or arbitration may be initiated on that Claim.
Send the notice by certified/registered mail or trackable courier to:
Starfish Advance LLC – Legal Department
261 Madison Ave, Floor 9, New York, NY 10016
Or email us at help@starfishadvance.com
16) Arbitration Agreement & Class Action Waiver
AT EITHER PARTY’S ELECTION, ANY CLAIM BETWEEN YOU AND STARFISH ADVANCE SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION (AAA or JAMS commercial rules). The Federal Arbitration Act governs enforceability and interpretation. Unless otherwise agreed, a single arbitrator will conduct the arbitration in the federal district where you reside (or via documents/teleconference), applying applicable law. The arbitrator’s award is final and may be entered in any court with jurisdiction.
CLASS/REPRESENTATIVE ACTION WAIVER: Claims must be brought in an individual capacity, not as a class/representative action, and the arbitrator may not consolidate claims or preside over class proceedings. To the fullest extent permitted by law, any dispute must be filed within one (1) year after it arises.
This section does not prevent either party from seeking injunctive or equitable relief for IP or unauthorized access/misuse, nor does it preclude qualifying matters in small-claims court in New York County, New York, or where you reside.
17) Reasonable Accommodation
Individuals with disabilities who need an accommodation to access our products or services may contact help@starfishadvance.com or write to the address below. Certain accommodations may require advance notice.
18) Miscellaneous
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARFISH ADVANCE, OUR LENDING PARTNERS, AND OUR/HIS/THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
Warranty Disclaimer
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.
Governing Law; Venue
This Agreement and any non-arbitrable dispute are governed by the laws of the State of New York (without regard to conflicts principles). Subject to Section 16, you consent to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York for any matter not subject to arbitration.
Indemnification
You agree to defend, indemnify, and hold harmless Starfish Advance, our lending partners, and our/their affiliates, directors, officers, employees, and agents from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of this Agreement or applicable law, your Submissions, or your use of the Website/Services.
Intellectual Property; Usage Restrictions
The Website/Services and Content are protected by U.S. and international laws. You may not frame, deep-link, remove proprietary notices, or otherwise modify or exploit our names, trademarks, logos, or Content without written consent. You may retain a copy of Website pages for personal, non-commercial use.
Submissions, Reviews, Feedback
By submitting comments, ideas, reviews, or other content (“Submissions”), you represent you have the rights to do so and grant Starfish Advance a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, host, reproduce, modify, and display such Submissions (including your provided name/handle) in connection with the Website/Services and our business, subject to our Privacy Policy. Don’t submit unlawful, infringing, obscene, or harmful material or malware. We assume no liability for Submissions.
Access to Your Information & Choices
You may access/update certain account information via your account portal. For other requests, contact us (see Section 19). You may opt out of marketing emails via unsubscribe links. After payoff/closure, we may retain information as permitted or required by law (e.g., recordkeeping, fraud prevention).
Promotions
Any sweepstakes, contests, or promotions we run may have additional terms. If you participate, those terms are incorporated into this Agreement for that promotion.
Severability
If any provision of this Agreement is found unenforceable, the remaining provisions will continue in full force and effect.
19) How to Contact Us
For questions or concerns about these Terms (other than DMCA notices and pre-dispute notices, which have their own addresses above):
Starfish Advance LLC
Email: help@starfishadvance.com