Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online request form at plainfunding.com (“PlainFunding,” “we,” “us,” or “our”). PlainFunding is a trading name of PlainFunding LLC, a Tennessee limited liability company. By accessing this site or submitting a request, you agree to these Terms on your own behalf and on behalf of the business you represent. If you do not agree, please do not use the site and do not submit a request.

1. What we are, and what we are not

PlainFunding is a connection provider and marketplace for revenue-based merchant cash advances (“MCA”). We collect the information you choose to submit about your business and pass it to third-party funders in our network so that they can decide whether to contact you with an offer.

A merchant cash advance is the purchase of a portion of your business’s future receivables in exchange for a purchase price paid up front. It is not a loan. The amount your business remits is a fixed cost (the purchase price multiplied by a factor set by the funder), it is not interest, and it is never expressed as an annual percentage rate.

PlainFunding is not a funder. We do not purchase receivables, we do not make funding decisions, we do not set or influence any purchase price, factor, fixed cost or remittance term, and we are not a party to the Revenue Purchase Agreement executed between your business and a third-party funder. We expressly disclaim any liability arising from those third-party agreements. Every funding decision is made solely by the funder, under its own criteria and its own agreement with you. We do not endorse or recommend any funder in our network, and we do not warrant that any agreement is the best available.

2. Eligibility and commercial use only

Our service is offered only to small businesses and to self-employed individuals who operate a business, and only for commercial purposes. It is not a consumer product and is not intended for personal, family or household use.

To submit a request you must be at least 18 years old, operate a business located in the United States, and be authorised to act on behalf of that business. Funders in our network generally look for a business that has operated for about 3 months, with average monthly revenue of about $1,500 and a business bank account. Meeting these criteria does not mean any funder will make you an offer.

By submitting a request you certify that you are applying on behalf of a validly operating business, or as a self-employed operator of a business, and not as a consumer; that you are not seeking funds for personal, family or household purposes; and that any funds will be used solely for commercial purposes. Requests made for personal or consumer purposes are not eligible and will be declined.

3. A request is not an offer, and there is no guarantee

Submitting information through this site is a request to be connected with funders. It is not an agreement and it is not an offer of funding. The amount you enter, between $100 and $5,000, is the amount you would like to request; it has not been approved, reserved or promised, and a funder may offer less, offer different terms, or offer nothing at all. We do not guarantee that any funder will contact you or make an offer.

Your business is not committed to anything until it signs a Revenue Purchase Agreement with a funder. Reading an offer, asking questions about it and declining it costs nothing.

4. No fee, and never an advance fee

The service is free to you. There is no fee to use this site, no fee to submit a request and no fee at any later stage. We will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone contacts you claiming to be PlainFunding and asks for an up-front payment, a gift card, a wire transfer or a prepaid card, it is not us. Stop, and report it to us at help@plainfunding.com.

We may be compensated by a funder when a request we pass on results in a funded advance. That compensation may influence which funders receive your request and in what order. It is never paid by you and it does not change the terms a funder offers you.

5. How your information is used and shared

You agree that the information you give us is true, accurate and complete. By submitting a request you authorise us to share it with third-party funders in our network, with marketing partners offering related commercial funding products, and with service providers who help us operate the site, for the purpose of connecting your business with a possible offer. A funder may, with your authorisation, review your business bank account activity through a third-party connection provider; we do not store bank login credentials. Our Privacy Policy explains what we collect and what your rights are.

Once your information reaches a funder, that funder handles it under its own privacy policy, not ours. We have no control over what a funder does with your information after it is passed on.

6. Consent to be contacted

By submitting a request you agree that PlainFunding, the third-party funders we pass your request to, our marketing partners, and their agents may contact you at the telephone number and email address you provided about your request and about related commercial funding products.

What the messages are for. Verification of the email address or telephone number you gave us, status and account updates on a request you have submitted, an alert where something needs your attention, replies to questions you send us, and information about commercial funding options that may be available to your business. Some are promotional and some are informational; your consent covers both.

How often. Message frequency varies with how you interact with us and with the status of your request. Message and data rates may apply depending on your provider.

This consent is not a condition of any purchase or of any funding. You may withdraw it at any time: use the unsubscribe link in any email, visit our unsubscribe page, or write to help@plainfunding.com. We also honour the one-click unsubscribe control offered by most mail providers. Withdrawing consent from us does not withdraw it from a funder you were connected with; contact that funder directly.

Help. Email help@plainfunding.com or call (615)-742-0147. The full terms of the email programme are in our Email Communications Terms.

7. Soft inquiry only

Checking your options through this site is a soft inquiry and does not affect your credit score. A funder you are connected with may, with your authorisation, carry out its own review of the business and of its owners before making an offer. Any such review is the funder’s, is made under the funder’s own authorisation, and should be discussed with the funder before you agree to it.

8. Fixed cost and remittance of purchased receipts

Advances available through the funders in our network generally range from $100 to $5,000. The purchase price, the factor, the fixed total to be remitted and the remittance method are set entirely by the funder in its Revenue Purchase Agreement. The cost is fixed when you sign; it is not interest and is never expressed as an annual percentage rate. Any figure shown on this site, including any estimate produced by an interactive tool, is an illustrative example only and is not an offer or a quote.

If you accept an offer, delivery of the purchased receivables is typically made through a share of your daily or weekly receipts or through scheduled electronic debits from your business bank account. Because this is a purchase of future receivables and not a loan, remittances can flex with your actual business revenue as the agreement provides. You will authorise those transfers separately in the Revenue Purchase Agreement, which sets out the remittance method, any reconciliation rights and how to manage the authorisation.

9. Restricted jurisdictions

Our service is not available in all states. We do not accept requests from businesses located in California and New York, both of which have commercial financing disclosure laws. Availability elsewhere depends on which funders in our network serve your state at the time of your request, and may change without notice. Requests originating from a jurisdiction where the service is not offered will be declined.

Each funder in our network is responsible for its own licensing or registration, for any disclosures it is required to give, and for its compliance with the laws of the states in which it funds.

10. Your obligations

You agree that the information you submit is true, accurate and complete, that you are authorised to submit it for the business, and that you will keep it up to date. You agree not to use the site to submit false or fraudulent information, to submit a request for a business you are not authorised to act for, to scrape, probe or interfere with the site or its security, to use it in a way that breaks any law, or to reverse engineer any part of it.

11. Intellectual property

The site, its design, its text, its marks and its code belong to PlainFunding LLC or its licensors and are protected by law. You may view and print pages to evaluate our service for your business. You may not copy, republish, sell or adapt any part of the site without our written permission.

12. No warranties

The site is provided “as is” and “as available” and we make no warranty of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the site will be uninterrupted or error free, that any request will reach any funder, or that any funder will respond. We do not warrant the products, terms or conduct of any funder in our network. Information on the site is general and is not financial, legal or tax advice.

Any link to a third-party website is provided for convenience only. We do not control those sites and are not responsible for their content, their products or their practices.

13. Limitation of liability

To the fullest extent permitted by law, neither PlainFunding LLC nor its members, officers, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or opportunity, arising out of or in connection with your use of the site or your dealings with any funder, whether based in contract, tort, statute or otherwise, even if we were advised of the possibility. Our total liability for any claim relating to the site will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited under applicable law, and some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

14. Indemnity

You agree to indemnify and hold PlainFunding LLC harmless from any claim, loss or expense (including reasonable legal fees) arising from information you submit that is false, from your use of the site or of any funds for other than commercial purposes, from your breach of these Terms, or from your violation of any law or of the rights of a third party.

15. Disputes and arbitration

Most concerns can be resolved quickly. Before starting any formal proceeding, please write to help@plainfunding.com and give us 30 days to try to resolve the matter with you.

If we cannot, you and we agree that any dispute arising out of or relating to these Terms or to your use of the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Davidson County, Tennessee, or by telephone or video where the arbitrator allows. Either of us may instead bring an individual claim in small claims court if it qualifies. Any claim must be filed within one (1) year after it arises.

You and we each waive any right to bring or participate in a class, collective or representative action. The arbitrator may award relief only in favour of the individual party seeking relief.

You can opt out, and it costs you nothing. Write to help@plainfunding.com with the subject line “Arbitration Opt-Out” within 30 days of your first use of the site. Rejecting this section changes nothing else in these Terms. Nothing here waives any right that cannot be waived under Tennessee law.

This arbitration agreement does not apply to any dispute between your business and a funder. The funder’s Revenue Purchase Agreement governs that relationship.

16. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to section 15, you and we consent to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee.

17. Electronic communications

By using the site you consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing. See our E-Sign Consent for the detail, including how to withdraw that consent and how to ask for a paper copy.

18. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

19. Contact

PlainFunding LLC
222 Second Avenue South, Suite 1700
Nashville, Tennessee 37201
help@plainfunding.com · (615)-742-0147