Terms & Conditions

Last Updated: December 21, 2023

Welcome to www.fundability.com. Selkirk Technologies, Inc. doing business as Fundability and/or its affiliates ("Fundability") provide website features and other products and services to you when you visit fundability.com, use Fundability products or services, or use software provided by Fundability in connection with any of the foregoing (collectively, "Fundability Services"). Fundability provides the Fundability Services subject to the following conditions (the “Conditions of Use”).

By using Fundability, you agree to these Conditions of Use. Please read them carefully.

When you use a Fundability Service, you are subject to these Conditions of Use and you also will be subject to the guidelines, terms, and agreements applicable to that Fundability Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

When you use a Fundability Service, you are also subject to the terms and conditions set forth in our Privacy Policy, which you should review to understand our practices.

Electronic Communications

When you use Fundability Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other Fundability Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Text Message (SMS) Terms of Use

Fundability will send reminders, account updates, support information, one (1) to one (1) messages, and promotional messages to users who register through our website forms or partners’ online forms.
You can cancel the SMS service at any time. Just text "STOP" to opt out. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can get help directly at 877-791-2790
Carriers and Fundability are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Copyright

All content included in or made available through any Fundability Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fundability or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fundability Service is the exclusive property of Fundability and protected by U.S. and international copyright laws.

Trademarks

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fundability or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fundability Services. This license does not include any resale or commercial use of any Fundability Service, or its contents; any derivative use of any Fundability Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Fundability or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fundability Service, nor any part of any Fundability Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fundability. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fundability without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fundability's name or trademarks without the express written consent of Fundability. You may not misuse the Fundability Services. You may use the Fundability Services only as permitted by law and these Conditions of Use and any Service Terms. The licenses granted by Fundability terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Fundability account to use certain Fundability Services, and you may be required to be logged in to the account and have a valid payment method associated with it. Payments may be handled by a third-party vendor. In that case, your payment and the processing and/or handling thereof will also be governed by the terms and conditions, if any, of the third-party vendor responsible for handling your payment. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

License and access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fundability or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fundability Services. This license does not include any resale or commercial use of any Fundability Service, or its contents; any derivative use of any Fundability Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Fundability or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fundability Service, nor any part of any Fundability Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fundability. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fundability without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fundablity's name or trademarks without the express written consent of Fundability. You may not misuse the Fundability Services. You may use the Fundability Services only as permitted by law. The licenses granted by Fundability terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Fundability account to use certain Fundability Services, and you may be required to be logged in to the account and have a valid payment method associated with it. Payments may be handled by a third-party vendor. In that case, your use will be governed by separate Conditions of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Reviews, Comments, Communications, and other content

If you do post content related to Fundability, including reviews, or submit material to Fundability, and unless we indicate otherwise, you grant Fundability a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fundability and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Conditions of Use or any Service Terms and will not cause injury to any person or entity; and that you will indemnify Fundability for all claims resulting from content you supply. Fundability has the right, but not the obligation, to monitor and edit or remove any activity or content. Fundability takes no responsibility and assumes no liability for any content posted by you or any third party.

Other Businesses

Parties other than Fundability provide services or software, or sell product lines, through the Fundability Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Fundability. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Fundability does not assume, and expressly disclaims, any responsibility or liability for the actions, product(s), and content of all these, and any other, third parties. You should carefully review the privacy statements, terms and conditions, and other conditions of use of those third parties.

Disclaimer Of WARRANTIES AND LIMITATION OF LIABILITY

THE Fundability SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fundability SERVICES ARE PROVIDED BY Fundability ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Fundability MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Fundability SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fundability SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Fundability SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Fundability DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Fundability DOES NOT WARRANT THAT THE Fundability SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fundability SERVICES, Fundability'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Fundability ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Fundability WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Fundability SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Fundability SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Disclaimer- Your Individual Results Will Vary

Every business is unique, with its own strategies, structures, and offerings. Consequently, individual results will vary for each business. YOUR BUSINESS’S RESULTS WILL DEPEND ON MANY FACTORS SPECIFIC TO YOUR OPERATION, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL CREDIT SCORE, BUSINESS FINANCES, BUSINESS CREDIT QUALITY, CONTENT, BUSINESS MODEL, AND PRODUCTS OR SERVICES.

Fundability does not promise, guarantee, or warrant your business’s success, income, or sales, nor any credit approvals, funding approvals, specific approval amounts, rates, or terms. You understand and acknowledge that Fundability will not provide sales leads or referrals to you or your business. Clients who purchase our products or services may receive access to our software, training, and resources. However, we do not guarantee business or financing success; due to many market factors outside of our control, the tools and training we provide may or may not apply to your business.

Qualifications and approvals for credit or funding are at the discretion of the bank, lender, or credit issuer. Underwriting criteria is applied equally to all individuals and businesses. Fundability is not a lender or a registered broker, and we do not control decisions made by third-party financial institutions. Furthermore, we do not make claims regarding earnings, specific efforts, returns on investment, or any assurances that our tools, training, or other resources will generate any particular income or profit or funding approvals. It is possible that you may not recoup your investment. We do not sell a business opportunity, “get-rich-quick” program, guaranteed system, franchise model, or business-in-a-box. If that is your expectation, our offerings may not align with your goals.

Our products and services are intended to be used with the understanding that applying the information and training will require time and effort and may be more applicable in certain circumstances than others. Additionally, we do not provide tax, accounting, financial, or legal advice. You should consult with your own or your business’s trusted and licensed accountant, attorney, or financial advisor for guidance on these matters.

WAIVER OF RIGHT TO TRIAL BY JURY

BY USING ANY Fundability SERVICE, THEREBY AGREEING TO THESE CONDITIONS OF USE, YOU AND Fundability MUTUALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY Fundability SERVICE OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY Fundability OR THROUGH WWW.Fundability.com

DISPUTES

By using any Fundability Service, thereby agreeing to these Conditions of Use, you agree that any dispute or claim arising out of or relating in any way to your use of any Fundability Service, or to any products or services sold or distributed by Fundability or through www.fundability.com will be resolved through non-jury, or bench, trial. The exclusive venue and jurisdiction for such trial shall be Hillsborough County, Florida. By using any Fundability Service, thereby agreeing to these Conditions of Use, you waive any objection to venue in Hillsborough County, Florida, including that such forum is inconvenient, and you expressly consent to the exercise of personal jurisdiction over you by a court sitting in Hillsborough County, Florida and waive any objection to personal jurisdiction, including lack of minimum contacts. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

MEDIATION

By using any Fundability Service, thereby agreeing to these Conditions of Use, you agree that prior to instituting any action as set forth in the Disputes clause above, all disputes or claims arising out of or relating in any way to your use of any Fundability Service, or to any products or services sold or distributed by Fundability or through www.fundability.com, shall be attempted to be resolved through mediation. The mediator must be certified by the State of Florida, and the exclusive location for the mediation will shall be Hillsborough County, Florida. You agree and stipulate that the requirement to mediate all disputes or claims is a condition precedent to instituting legal action against Fundability, and you consent to any such action being dismissed without prejudice, with all attorneys' fees and expenses incurred by Fundability obtaining said dismissal charged to you, in the event the mediation precondition has not been satisfied.

APPLICABLE LAW

By using any Fundability Service, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fundability, whether or not such dispute arises or relates to your use of a Fundability Service.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, including the Fundability Privacy Policy, posted on this site. These policies also govern your use of Fundability Services. We reserve the right to make changes to our site, policies (including, but not limited to, our Privacy Policy), Service Terms, and these Conditions of Use at any time. If any of the conditions comprising these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition of these Conditions of Use.

Our Address

Fundability, Inc.
7901 4th St N
Suite 300
St. Petersburg, FL 33702
https://fundability.com

ADDITIONAL FUNDABILITY SOFTWARE TERMS

The following terms (“Software Terms”) also apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Fundability Services (the "Fundability Software"), in addition to the Conditions of Use and any Service Terms.

1
Use of the Fundability Software. You may use Fundability Software solely for purposes of enabling you to use the Fundability Services as provided by Fundability, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Fundability Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Fundability Software in whole or in part. All software used in any Fundability Service is the property of Fundability or its software suppliers and is protected by United States and international copyright laws.
2
Use of Third Party Services. When you use the Fundability Software, you may also be using the services of one or more third parties. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
3
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Fundability Software, whether in whole or in part.
4
Updates. We may offer automatic or manual updates to the Fundability Software at any time and without notice to you.
5
Conflicts. In the event of any conflict between these Conditions of Use and any other Fundability or third-party terms applicable to any portion of Fundability Software, such as open-source license terms, such other terms will control as to that portion of the Fundability Software and only to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Fundability accepts service of subpoenas or other legal process only through Fundability’s registered agent, Northwest Registered Agent LLC (NWRA). Service of subpoenas or other legal process shall conform with the applicable rules governing service of process under the laws of the State of Florida and the Florida Rules of Civil Procedure.

Intellectual property complaints

Fundability respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Fundability respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please email legal@fundability.com with a full description of the allegedly infringing material. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement. We offer the following alternative to our email for copyright complaints only. You may submit written claims of copyright infringement not otherwise made in Court to our Copyright Agent at:

Legal Department
Fundability, Inc.
7901 4th St N
Suite 300
St. Petersburg, FL 33702
Phone: 877-791-2790
Email: legal@fundability.com

Written claims concerning copyright infringement not otherwise made in Court must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Refund Policy

No Refund Policy for Software and Coaching
Thank you for your interest in our software and coaching services. Before making a purchase, it is important to carefully review and understand our no refund policy outlined below:

Software: Once the software has been delivered to you electronically and made accessible for use, we cannot provide refunds. Due to the nature of software products, we are unable to verify if the software has been installed, activated, or utilized. Therefore, we cannot accept refund requests based on claims of non-delivery or non-usage.

Evaluation and Free Trials: If we offer an evaluation period or free trial for our software, we encourage you to take advantage of it to evaluate the product's features, compatibility, and suitability for your needs. During this evaluation or trial period, you can determine if the software meets your requirements before making a purchase. Once the purchase is made, the no refund policy will apply.

Coaching Services: Our coaching services involve the provision of expert guidance, support, and knowledge transfer. Due to the personalized and time-sensitive nature of coaching, refunds are not available once the services have been rendered. This is because the value of coaching is derived from the time, effort, and expertise provided by our coaches, which cannot be recovered once the service has been delivered.

Change of Mind: We understand that circumstances may change, and personal preferences may evolve. However, we cannot provide refunds for software or coaching based on changes of mind or personal circumstances once the product or service has been delivered.

Defective Software or Service: In the unlikely event that our software is proven to be defective or our coaching services do not meet the expected standards, we encourage you to contact our customer support team promptly. We will investigate the matter and, if there is a genuine issue, provide appropriate remedies, such as software updates, bug fixes, or an opportunity to address any concerns regarding the coaching service.
Unauthorized Use or Misuse: If we determine that the software has been obtained illegally, shared without proper authorization, or used in violation of the license agreement, or if our coaching services are misused or abused, we reserve the right to terminate associated rights or access without providing a refund.

Exceptions: In exceptional cases where specifically mandated by applicable consumer protection laws or regulations, we will comply and provide refunds as required by law.
Please note that this no-refund policy is established to maintain the integrity of our products and services. By making a purchase, you acknowledge and agree to abide by this policy.

If you have any questions or concerns regarding this policy, our software, or coaching services, please contact our customer support team before finalizing your purchase.

Please be aware that this policy does not affect your statutory rights or any other consumer protection rights that may be applicable.