Terms & Conditions

These Business Finance Terms and Conditions (“Terms and Conditions”) govern your submission of any request, application, or documentation for small business financing (a “Request for Funding”) through Dulius, a platform owned and operated by Jacobs Family Advisors LLC (“Dulius,” “we,” “us,” or the “Company”). These Terms and Conditions are in addition to, and incorporate by reference, the Dulius Terms of Service and Privacy Policy. By submitting a Request for Funding, uploading documentation, or otherwise using the Business Finance Services, you (the “Applicant” or “you”) agree to be bound by these Terms and Conditions on behalf of yourself and the business on whose behalf funding is sought (the “Business”).

If you do not agree to these Terms and Conditions, do not submit a Request for Funding or use the Business Finance Services.

1. Definitions

“Business Finance Services” means the services Dulius provides to facilitate a Request for Funding, including collecting your information and documentation, calculating the Dulius Score, presenting your Request to funders, and facilitating introductions and offers.

“Funder” means any lender, funder, financing company, bank, or other third party (including any direct funding affiliate) that may review your Request for Funding or offer, provide, or service any financing product.

“Funding Product” means any loan, advance, line of credit, merchant cash advance, factoring arrangement, equipment financing, or other financing product offered by a Funder.

2. Role of Dulius; Not a Lender

Dulius operates as a technology platform and funding marketplace. Dulius is not a bank, lender, creditor, or financial institution. Dulius does not originate, make, fund, service, or collect on any Funding Product, and does not make any credit, underwriting, lending, or funding decision. Dulius facilitates introductions between you and Funders. All credit, underwriting, and funding decisions are made solely by the applicable Funder, in its sole discretion, under its own criteria and agreements. The Company may receive a fee, commission, or other compensation from a Funder or partner in connection with a Funding Product facilitated through the Service, and you consent to the Company receiving such compensation.

3. Application Submission and Authorization

By submitting a Request for Funding, you authorize Dulius and Jacobs Family Advisors LLC to:

• collect, store, use, verify, and disclose the information and documentation you submit — including business and personal identifying information, financial statements, bank account and transaction data, tax records, and other materials — to one or more Funders and partners for the purpose of evaluating and facilitating your Request for Funding;
• submit, transmit, and re-submit your Request for Funding and related information to multiple Funders, on your behalf, in order to seek financing for the Business;
• obtain, directly or through Funders and third parties, information about you and the Business from third-party sources, including credit reporting agencies, business data providers, and financial data aggregators; and
• calculate, store, and share the Dulius Score and related assessments with Funders and partners.

You acknowledge that each Funder may independently request and obtain consumer and/or business credit reports and other information about you and the Business, and that such inquiries are governed by the Funder’s own authorizations and policies.

4. Consent to Credit and Background Inquiries

You understand and agree that, in connection with a Request for Funding, Dulius and/or one or more Funders may obtain credit reports, business credit reports, bank verification, and other background or verification information regarding you and the Business, including from consumer reporting agencies. You authorize such inquiries and the use of such information for the purpose of evaluating and facilitating financing. You acknowledge that a credit inquiry may affect your credit profile and that such inquiries are made by, or on behalf of, the relevant Funder under its own authorization. You may be asked to provide a separate, Funder-specific authorization as part of the application process.

5. Applicant Representations and Warranties

You represent and warrant that:

• you are at least 18 years of age and have full authority to act on behalf of, and to bind, the Business;
• the Business is a validly existing entity (or a sole proprietorship operated by you) and the funding sought is for business or commercial purposes only, and not for personal, family, or household purposes;
• all information and documentation you submit is true, accurate, current, and complete in all respects, and is not forged, altered, or fraudulent;
• you have the right to provide all information and documentation submitted, including any information regarding other owners, principals, or guarantors, and you have obtained any necessary consents to do so;
• you are not currently the subject of any bankruptcy proceeding except as disclosed; and
• your submission of the Request for Funding does not violate any agreement, law, or obligation by which you or the Business is bound.

You agree to promptly notify Dulius of any change that would make any representation untrue. Submitting false, misleading, or fraudulent information may result in denial of funding, termination of your account, and referral to appropriate authorities, and may constitute fraud under applicable law.

6. No Guarantee of Funding

You expressly acknowledge and agree that the Company does not represent, warrant, or guarantee that you or the Business will qualify for, be approved for, or obtain any Funding Product, or that you will obtain financing in the amount, at the rate, or on the terms requested or at all. The Dulius Score is informational only and is not an approval, commitment, offer, or guarantee of any Funding Product. All decisions regarding whether to extend financing, and on what terms, are made solely by the Funder in its sole discretion.

7. Relationship with Funders

Any Funding Product you accept is a transaction solely between you and the Funder, governed exclusively by the separate agreement between you and that Funder, including all rates, fees, charges, terms, conditions, servicing, and collection practices. Dulius is not a party to that agreement and is not responsible or liable for the Funder’s products, services, acts, omissions, representations, disclosures, terms, servicing, collection, or compliance. You are solely responsible for reviewing and understanding any Funding Product before accepting it, and you should consult your own legal, financial, and tax advisors. Any dispute regarding a Funding Product is solely between you and the Funder, and you agree to pursue any such dispute against the Funder and not against the Company.

8. Fees and Compensation

Unless otherwise expressly agreed in writing, Dulius does not charge the Applicant a fee for submitting a Request for Funding. The Company may receive compensation from Funders or partners in connection with financing facilitated through the Service, and the amount or rate of such compensation may vary by Funder and product. If any fee is to be charged directly to you, it will be disclosed to you before it is incurred. You are responsible for all fees, charges, and amounts owed to a Funder under your agreement with that Funder.

9. Documentation and Verification

You agree to provide, and to promptly update, any documentation reasonably requested in connection with a Request for Funding, including identification, business formation documents, bank statements, financial statements, and tax records. You authorize the Company and Funders to verify any information you provide and to retain copies of your documentation in accordance with the Privacy Policy and applicable law. Submission of a Request for Funding does not obligate the Company or any Funder to provide financing.

10. Electronic Signatures and Records

You consent to transact business with the Company and Funders electronically. You agree that your electronic signature, acceptance, or click-through on the Service has the same legal effect as a handwritten signature, and that electronic records satisfy any requirement that records be in writing. You agree that the Company and Funders may rely on electronically submitted information, signatures, and authorizations. You may request a paper copy of any record by contacting us at hello@dulius.com.

11. Communications Consent

By submitting a Request for Funding and providing your contact information, you consent to be contacted by the Company, its affiliates, and Funders regarding your Request and any Funding Product for which you may qualify, by email, telephone call, and text (SMS) message, including autodialed and/or prerecorded calls and messages, at the number(s) you provide, even if registered on any do-not-call list. Your consent is not a condition of obtaining any financing. Message and data rates may apply. You may opt out of marketing communications as described in the Terms of Service, though you may continue to receive transactional or service-related communications regarding your Request.

12. Disclaimers and Limitation of Liability

The Business Finance Services are provided on an “as is” and “as available” basis, without warranties of any kind, to the maximum extent permitted by law, as further described in the Terms of Service. The Company’s disclaimers of warranty and limitations of liability set forth in the Terms of Service, including the limitation of the Company’s aggregate liability and the exclusion of indirect, incidental, consequential, special, punitive, and exemplary damages, apply in full to these Terms and Conditions and to the Business Finance Services. Without limiting the foregoing, the Company shall not be liable for any act, omission, product, service, term, or decision of any Funder, or for any denial of funding or terms offered by any Funder.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company and Jacobs Family Advisors LLC, and their subsidiaries, affiliates, officers, directors, employees, contractors, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your Request for Funding; (ii) any information or documentation you submit, including any inaccuracy, misrepresentation, or fraud; (iii) your breach of these Terms and Conditions or any representation or warranty herein; (iv) any Funding Product you apply for, accept, or use; or (v) any dispute between you and any Funder or partner.

14. Governing Law; Arbitration

These Terms and Conditions are governed by the laws of the State of Florida, and any dispute arising out of or relating to these Terms and Conditions or the Business Finance Services between you and the Company is subject to the Governing Law, Arbitration Agreement, and Class Action / Jury Trial Waiver provisions of the Dulius Terms of Service, which are incorporated herein by reference, including the requirement of binding individual arbitration in Boca Raton, Palm Beach County, Florida and the waiver of class actions and jury trials. Disputes between you and a Funder are governed by your separate agreement with that Funder.

15. Term and Termination

These Terms and Conditions apply from the time you submit a Request for Funding and continue for so long as you use the Business Finance Services. The Company may decline, suspend, or terminate your access to the Business Finance Services at any time, for any reason or no reason, in its sole discretion. Provisions relating to authorizations already given, representations and warranties, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

16. Miscellaneous

These Terms and Conditions, together with the Terms of Service and Privacy Policy, constitute the entire agreement between you and the Company regarding the Business Finance Services. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. The Company may modify these Terms and Conditions from time to time, with changes effective upon posting; your continued use of the Business Finance Services after posting constitutes acceptance. You may not assign these Terms and Conditions; the Company may assign them without restriction. Nothing herein creates any partnership, joint venture, agency, or fiduciary relationship between you and the Company or between you and any Funder; the parties are independent.

17. Contact

Please contact us at hello@dulius.com with any questions regarding these Terms and Conditions.