Avrix Capital Terms of Use

Agreement And Acceptance

These Terms of Use ("Terms") govern your access to and use of the website, online forms, and related services (collectively, the "Services") operated by SereneSpectrum Inc., doing business as Avrix Capital ("Avrix Capital," "we," "us," or "our").

By accessing the Site, submitting a form, or using any part of the Services, you enter into a binding legal agreement with Avrix Capital and agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Services.

Your use of the Services constitutes a valid electronic signature and binding acceptance of these Terms, with the same legal effect as a handwritten signature. We maintain records of acceptance, including the timestamp and version of these Terms presented at the time of submission.

Who May Use The Services

The Services are available only to:

• Natural persons who are at least 18 years of age
• Acting as an authorized representative of a legally existing business entity
• Located in the United States
• Using the Services for lawful business funding purposes only

By using the Services, you represent and warrant that you meet all of the above requirements. If you do not meet these requirements, you are not permitted to use the Services.

User Representations And Warranties

By using the Services or submitting any information, you represent and warrant that:

• You are at least 18 years old and legally competent to enter into binding agreements
• You are a duly authorized representative of the business identified in your submission and have full authority to bind that business
• All information you provide is truthful, accurate, current, and complete
• Your use of the Services does not violate any applicable law, regulation, court order, or agreement to which you or your business is a party
• You are not submitting information on behalf of a third party without their knowledge and authorization
• The business identified in your submission is a legally existing entity in good standing

You acknowledge that Avrix Capital does not verify, and has no obligation to verify, the accuracy, completeness, or legality of any information you submit. Submission of false, fabricated, or misleading information may result in rejection of your request, termination of your access to the Services, and may constitute fraud or misrepresentation under applicable state and federal law.

Nature Of Services; No Guaranteed Funding

Avrix Capital is a funding aggregator and information service. We are not a lender, bank, broker-dealer, investment advisor, credit counselor, or financial institution, and we do not make credit or funding decisions. We connect business owners with third-party lenders, funders, brokers, and funding-related providers who may evaluate and present funding options.

Receiving a referral, match, or funding option through the Services is not a commitment to lend, a pre-approval, a guarantee of approval, or a guarantee that any specific funding amount, rate, or term will be available. All funding decisions, amounts, pricing, repayment terms, documentation requirements, and approval conditions are determined solely by the applicable third-party provider.

Compensation Disclosure

Avrix Capital may receive compensation — including referral fees, lead sale proceeds, revenue sharing, and other consideration — from lenders, funders, brokers, marketplaces, marketing partners, and lead buyers in connection with your submission and any resulting funding transaction. This compensation may influence which providers we work with or the order in which options are presented, but does not affect your obligation to any provider or the terms of any funding you may receive. You are under no obligation to accept any offer presented through the Services.

No Upfront Cost To Users

Avrix Capital does not charge users a fee to submit the initial funding match form or to access the matching services described herein.

Voluntary Use; Required Consent

Use of the Services is entirely voluntary. No person is required to submit an inquiry, application, or any information through the Site. However, if you choose to request funding information or matching services, providing consent to be contacted is a required condition of receiving those services. The Services consist of connecting you with potential funding providers who evaluate your request and present available options — a process that requires direct communication between you, Avrix Capital, and its funding partners. Without your consent to be contacted, this service cannot be delivered. The mandatory nature of consent does not make use of the Service itself mandatory; you are free at any time to choose not to proceed, not to submit a form, or to discontinue your inquiry before or after submission.

Consent To Electronic Communications

By submitting a form, you consent to receive electronic communications from Avrix Capital and from third-party funding partners to whom your information is referred, as further described in our Privacy Policy and in the consent disclosure presented at the point of form submission. Communications may include calls, emails, SMS, and automated messages related to your funding request. Message and data rates may apply.

Privacy And Data Sharing

Your use of the Services is also governed by our Privacy Policy. The Privacy Policy explains what information we collect, how we use it, how we may disclose, share, and sell submitted information, and your rights with respect to that information. By using the Services, you acknowledge and agree to the Privacy Policy.

Website Content; Illustrative Nature; No Advice

All content on the Site is provided for general informational purposes only and does not constitute legal, financial, tax, accounting, credit, or investment advice. You should consult qualified independent advisors before accepting any funding product, signing any agreement, or making any financial decision. Avrix Capital disclaims any responsibility for decisions made in reliance on content presented on the Site.

The following types of content appearing on the Site are illustrative only and do not represent guarantees, typical outcomes, or commitments of any kind:

• Funding amounts and ranges — examples shown are for illustration purposes and do not represent amounts you will qualify for or be offered
• Speed and turnaround claims — references to funding timelines (e.g., "same day," "24 hours," "within days") reflect possibilities under ideal circumstances and are not guaranteed for any specific applicant
• Approval references — any reference to approval rates, qualification likelihood, or eligibility does not constitute a pre-approval, pre-qualification, or commitment to fund
• Testimonials and case studies — represent individual experiences and are not representative of typical or expected results; your outcomes may differ materially
• Statistics and percentages — any figures cited are for general context and may not reflect current market conditions, your business profile, or available options at the time of your request
• Product descriptions — descriptions of funding products are general in nature; actual terms, rates, fees, and conditions are determined solely by the applicable third-party provider

Past results presented on the Site do not guarantee or predict future outcomes. No content on the Site should be relied upon as a representation that you will receive funding, or that any specific funding terms will be available to you.

Termination And Suspension

Avrix Capital reserves the right, at its sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your access to the Services, reject any application or submission, or discontinue any feature of the Services, for any reason or no reason, including but not limited to suspected fraud, misrepresentation, violation of these Terms, or any conduct that Avrix Capital determines to be harmful to its operations, users, or partners. Termination does not affect any obligations or liabilities that arose prior to termination, and all provisions of these Terms that by their nature should survive will survive termination.

Force Majeure

Avrix Capital shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to cyberattacks, ransomware, distributed denial-of-service attacks, acts of God, natural disasters, pandemics, war, terrorism, government actions, regulatory orders, failures of third-party infrastructure or telecommunications networks, internet outages, power failures, or actions of third-party service providers. In such events, Avrix Capital's obligations shall be suspended for the duration of the force majeure event.

Prohibited Uses

You may not use the Services to:

• Submit false, fraudulent, fabricated, or misleading information
• Impersonate any person or entity or misrepresent your authority
• Violate any applicable law, regulation, or third-party right
• Interfere with, disrupt, overload, or damage the Site or its infrastructure
• Copy, scrape, harvest, or systematically extract data from the Site
• Reverse engineer, decompile, or attempt to gain unauthorized access to any part of the Site or related systems
• Use the Services for any purpose other than legitimate business funding information

Intellectual Property

The Site, including its design, text, graphics, logos, interfaces, software, and other content, is owned by or licensed to Avrix Capital and is protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership right or license to any intellectual property of Avrix Capital. You may access and use the Site solely for the permitted purposes described herein.

Third-Party Providers And Links

The Services may present offers, products, or links from third-party lenders, funders, brokers, and other providers. Avrix Capital does not endorse, guarantee, or assume responsibility for any third-party product, service, offer, or content. Any transaction you enter into with a third-party provider is solely between you and that provider. Avrix Capital is not a party to any funding agreement and assumes no responsibility or liability for the acts, omissions, terms, representations, or conduct of any third-party provider.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVRIX CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. AVRIX CAPITAL DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY FUNDING WILL BE AVAILABLE, OR THAT ANY INFORMATION ON THE SITE IS ACCURATE OR COMPLETE. AVRIX CAPITAL DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE AND ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.

User Indemnification

You agree to indemnify, defend, and hold harmless SereneSpectrum Inc., its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) any information you submit, including any claim that the submission was false, fraudulent, unauthorized, or in violation of a third party's rights; (c) your breach of any representation, warranty, or obligation under these Terms; (d) any violation of applicable law by you; or (e) any claim brought by a third-party funding provider arising from information you submitted, your breach of any agreement with such provider, or your conduct in connection with a funding transaction.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVRIX CAPITAL'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AVRIX CAPITAL IN CONNECTION WITH THE SERVICES GIVING RISE TO THE CLAIM. BECAUSE THE SERVICES ARE PROVIDED FREE OF CHARGE, THIS LIMIT IS ZERO IN ALL CASES WHERE NO FEES WERE PAID.

IN NO EVENT SHALL AVRIX CAPITAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF FUNDING OPPORTUNITY, REPUTATIONAL HARM, OR DAMAGES ARISING FROM A THIRD PARTY'S CREDIT DECISION, FUNDING TERMS, CONDUCT, OR USE OF YOUR INFORMATION, EVEN IF AVRIX CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Avrix Capital's liability shall be limited to the maximum extent permitted by law.

Dispute Resolution; Mandatory Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Pre-Dispute Notice. Before initiating any arbitration or legal proceeding, you agree to provide Avrix Capital with written notice at privacy@avrixcapital.com describing the nature of the dispute and the relief sought, and to allow Avrix Capital thirty (30) days to attempt to resolve the matter. This notice is a condition precedent to arbitration.

Mandatory Arbitration. If the dispute is not resolved through the notice process, you and Avrix Capital agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Services — including questions of arbitrability — shall be resolved exclusively through final and binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules, or, if JAMS is unavailable, by a mutually agreed nationally recognized arbitration provider. The arbitration shall take place in Wilmington, Delaware, or via remote hearing. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND AVRIX CAPITAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. All disputes must be brought on an individual basis only. This waiver applies to the fullest extent permitted by applicable law.

Opt-Out Right. If you are a new user, you may opt out of this arbitration agreement within thirty (30) days of first using the Services by sending written notice to privacy@avrixcapital.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.

Small Claims And Injunctive Relief. Either party may bring an individual claim in small claims court. Either party may also seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitration for all other claims.

Severability Of Arbitration Clause. If the class action waiver is found unenforceable in a particular case, that case shall proceed in court rather than arbitration, but only as to that specific claim. All other claims subject to arbitration remain in arbitration.

Governing Law

These Terms, the Privacy Policy, and any dispute arising hereunder are governed by the laws of the State of Delaware, without regard to its conflict of law principles, except as superseded by the Federal Arbitration Act with respect to arbitration.

General Provisions

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Avrix Capital with respect to the Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.

Severability. If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No Waiver. Avrix Capital's failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

Assignment. Avrix Capital may assign these Terms and its rights hereunder without restriction. You may not assign or transfer any rights or obligations under these Terms without Avrix Capital's prior written consent.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

Electronic Agreement. You agree that these Terms constitute a valid and binding electronic agreement and that your electronic acceptance has the same legal effect as a handwritten signature.

Changes To These Terms

We may update these Terms at any time by posting the revised version on this page with an updated effective date. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

Contact

SereneSpectrum Inc. d/b/a Avrix Capital W 9th Street, Wilmington, DE 19801 privacy@avrixcapital.com