Terms of Service

MCA, LLC Terms and Conditions

Please read these Terms and Conditions carefully before accessing this website or using our Services (collectively, referred to herein as the “Terms,” “Terms of Service,” or “Terms of Use”). Welcome to the MCA LLC website, owned and managed by MCA, a Texas Limited Liability Company (“MCA,” “Company,” “we,” “our,” or “us”). These Terms control your use of and access to the Website, www.merchantcashadvance.io, along with any of its subdomains, plus any online tools, services, accounts, community forums, blogs, posts, or programs the Company provides (collectively, the “Website” or “Site”), together with products and services made available to you by MCA. All activity on the Website and all Content (as defined below), including your Website Account (“Account”), is bound by these Terms and MCA Privacy Policy. By using or accessing the Website, you acknowledge and agree to these Terms, MCA Privacy Policy (the “Privacy Policy”), available here: www.merchantcashadvance.io/privacy-policy, as well as all disclaimers, conditions, and notices posted elsewhere on the Website. You should revisit these Terms regularly, as they may be modified at any time at the sole discretion of the Company. If you disagree with any part of these Terms, you should not use or access the Website. “Content” includes any documents, text, materials, images, graphics, logos, design, videos, audio, and any information provided, uploaded, or downloaded from the Website.

We will make reasonable efforts to update this page whenever revisions are made to these Terms or to the services described herein. You are strongly encouraged to review these Terms frequently. The date of the latest update appears at the end of this document.

About the terms of service

These Terms form a binding legal agreement between you and MCA LLC and are in addition to any other contracts you may have with MCA, including agreements governing your use of products, services, accounts, tools, content, and information provided through the Website. In the event of a conflict between these Terms and another agreement you have entered into with MCA, the other agreement shall prevail, but only with respect to the specific terms that conflict. Provisions concerning the use of online services connected to your Company accounts (your “Account”) are included herein.

By accepting these Terms, you confirm that you are at least 18 years old, an emancipated minor, or that you have valid parental or guardian consent. You further confirm that you are fully capable and competent to accept the obligations, conditions, affirmations, representations, and warranties stated in these Terms, and to comply with them in full. In all circumstances, you confirm that you are over 13 years of age, as THE WEBSITE IS NOT DESIGNED FOR CHILDREN UNDER 13 UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

Modifications

By using or accessing the Website, you agree that MCA may modify the Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms of Service will indicate your acceptance of the relevant modification and the Terms of Service as so modified.

It is your responsibility to review these Terms from time to time to see if modifications have been made. Any modification is effective immediately from and after MCA’s posting of such modification on the Website, or other update of the Website or the Terms of Service. You will know if these Terms of Service have been modified since your last visit to the Website by referring to the “Last Modified” date at the end of this page. MCA reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.


Privacy Policy

Your privacy is extremely important to us. We encourage you to read the Privacy Policy, which can be found here: www.mca.com/privacy-policy and explains how we treat your personal and aggregate information and protect your privacy when you are using the Website. By using the Website, you agree that MCA may use your information as set forth in the Privacy Policy. The Privacy Policy is hereby incorporated in these Terms by reference in its entirety.

Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with MCA will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that MCA and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to MCA by e-mail or other electronic communications or via the Website.


Acceptable Use of the Website; Conditions of Your Use

The Website is for your own personal use only. The Website is designed for individuals/merchants contemplating entering into a merchant cash advance or individuals/merchants interested in learning more about MCA and its products and services. You may only use the Website for one of these purposes.

Without limiting the generality of the preceding paragraph, you are expressly prohibited from:

  • (a) any resale or commercial use of the Website;

  • (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between MCA and yourself (“Permitted Use”), including any purpose competitive to MCA or any commercial purpose, including marketing;

  • (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or

  • (d) otherwise interfering with the ordinary operation or mission of the Website or MCA’s products or services.

Your use of the Website is conditioned upon the following statements being true:

  • You are 18 years of age or older;

  • You are a U.S. resident;

  • You are able to form a binding contract with MCA;

  • You are not prohibited by law from accessing the Website or have not previously been banned, terminated, or otherwise denied access to the Website; and

  • You are not acting on behalf of a person whose access to the Website has been previously terminated or otherwise denied by us.

Except as explicitly permitted by the Terms of Service, and without limiting anything else in these Terms, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever without the prior written consent of Company. You also may not redeliver any of the pages, text, images or other Content or the Website using “framing” or similar technology or for any purpose, including any attempt to impersonate MCA or any employee, representative or agent of MCA or otherwise create the appearance or suggestion that you have a relationship to MCA or that we have endorsed you for any purpose. Any unauthorized use of the Website, the Content, or any other intellectual property contained therein is strictly prohibited.

As conditions of your use of the Website, you agree to comply with the Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website.

Without limiting the above or anything else in the Terms of Service, you agree not to:

  • Register for more than one account, or register for an account on behalf of an individual/merchant other than yourself;

  • Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of MCA or any other person, otherwise mislead MCA as to your identity or financial status or condition, or attempt to do the same;

  • Attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any MCA server or data contained therein (the “Materials”), including through hacking, password theft or any other means;

  • Attempt or enable others to attempt to obtain any Materials or Content through any means that MCA has not intentionally made available on the Website including using any automatic process, such as data mining, robots or similar data gathering and extraction tools, to search or harvest information from the Website or attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by MCA or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome);

  • Use the Website or the Materials in any manner (or any other conduct) that could damage, disable, overburden or impair the Website or any MCA server or the network(s) connected to any MCA server or the availability or accessibility thereof, or that might interfere with any other person’s access to or use or enjoyment of any Materials;

  • Use any Materials, data or Content or distribute any Content in competition with MCA or to its detriment in any way;

  • Access, tamper with, or use non-public areas of the Website, MCA’s servers, computer systems, or the technical delivery systems of MCA’s service or hosting providers or lessors;

  • Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble any of the software used to provide the Website or Content;

  • Use, save, imbed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

MCA does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to MCA or the Website. If MCA permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:

  • Is commercial or promotional in nature, without the prior written authorization of MCA;

  • Constitutes junk mail, unsolicited commercial messages (“spam”), chain letters, pyramid schemes or the like;

  • Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, religiously or otherwise objectionable, or otherwise violates the legal rights of others or capable of giving rise to legal action whether against you or MCA or any affiliate or a third party (in each case under any applicable law) or that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;

  • You do not have the right to make available under any law or under contractual or fiduciary relationships or obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or

  • Contains viruses, worms or any other computer, software or technological component, code, routine, script, malware, spyware, keystroke logger, Trojan horse, rootkit, files, application, or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

MCA reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, MCA does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against MCA or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding MCA’s rights under the Terms of Service, MCA does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.

You hereby grant Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business.

Use of Communication Services

MCA’s Websites may include forums, bulletin boards, chat areas, news feeds, communities, calendars, or other communication tools designed to let you interact with others (collectively, the “Communication Services”). You agree to use these Communication Services only for posting, sending, and receiving messages or content that are proper and relevant to the specific forum.

When using the Communication Services, you agree not to upload, post, publish, or transmit any material that:

  • You do not have the right to share (including proprietary or copyrighted materials belonging to others);

  • Promotes illegal activity or discusses an intent to commit unlawful acts;

  • Is obscene, pornographic, vulgar, or otherwise indecent;

  • Threatens, harasses, abuses, defames, or libels others;

  • Is racist, offensive, or harmful;

  • Attempts to exploit or endanger children;

  • Collects personal data (like emails) without consent;

  • Misrepresents your identity or impersonates another person or entity;

  • Deletes or falsifies author attributions, notices, or proprietary labels;

  • Promotes unauthorized commercial activities (ads, contests, raffles, chain letters, pyramid schemes, etc.);

  • Solicits funds, advertisers, or sponsors;

  • Contains viruses, malware, or code intended to disrupt software, hardware, or telecommunications;

  • Disrupts the flow of dialogue or normal activity on the site;

  • Links to other sites containing inappropriate or prohibited content; or

  • Violates any posted code of conduct or guidelines for the Website.

You acknowledge that materials you post or provide may be subject to limitations on use, reproduction, or distribution. You are solely responsible for your submissions. Neither MCA nor any third party content provider will be liable for any action taken regarding your submissions.


MCA’s Intellectual Property, Copyrights, and Identifying Marks

All rights, title, and interest in and to the Website, including all Content (defined below) and intellectual property (such as copyrights, trademarks, patents, and trade secrets), remain the exclusive property of MCA or its licensors. These rights are protected by U.S. law and international treaties.

We grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and Content for your personal use and other permitted purposes, provided you comply with these Terms. You may not, without MCA’s written consent, copy, reproduce, resell, distribute, host, license, sublicense, create derivative works from, or otherwise exploit the Website or Content for commercial purposes.

Logos, trademarks, or service marks displayed on the Website are owned by MCA or third parties. No rights to use such marks are granted without written permission.

Content includes: logos, designs, images, videos, text, data, software, website code, features, documentation, and any other intellectual property appearing on or made available through the Website.


Information and Feedback You Provide to MCA

By submitting information or materials to MCA, you grant us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, copy, modify, publish, display, distribute, and create derivative works from such materials.

If you provide MCA with suggestions or feedback, you agree that MCA may freely use such input without obligation to compensate you. MCA may, at its discretion, incorporate your suggestions into its products, services, or Website.


Disclaimer of Warranties; Limitation of Liability

The Website is provided on an “as is” and “as available” basis. Your use of the Website and any material downloaded or accessed is at your own risk.

MCA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF INFORMATION.

MCA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM USE OF THE WEBSITE OR CONTENT, INCLUDING BUT NOT LIMITED TO:

  • Direct, indirect, incidental, punitive, or consequential damages,

  • Business losses, lost profits, or data loss,

  • Service interruptions, viruses, or system failures.

To the fullest extent permitted by law, MCA’s liability to you will not exceed the total amount you paid to MCA for Website access during the term of this agreement.

You also agree not to bring claims personally against MCA’s affiliates, officers, employees, or agents (the “Released Parties”).


Registration; Security and Passwords

If you register for an MCA account, you agree that your registration information will be accurate and current. MCA reserves the right to reject or suspend accounts at its discretion.

You are responsible for maintaining the confidentiality of your login credentials. You must immediately notify MCA of any unauthorized access or suspected breach. MCA disclaims liability for losses due to stolen or misused account credentials.

While MCA employs security protocols such as SSL encryption, no online system is entirely secure. You acknowledge that MCA cannot guarantee absolute protection against hacking or unauthorized access.

Accurate Information

When creating a User Account on the Website, you agree to:

  1. Provide true, accurate, current, and complete information about yourself on any registration form required on the Website (the “Registration Data”); and

  2. Maintain and promptly update the Registration Data to keep it accurate and complete.

If you provide information that is untrue, inaccurate, outdated, or incomplete—or if the Company reasonably suspects so—the Company may suspend or terminate your User Account and refuse current or future use of the Website.

You authorize the Company to rely on the information you provide, along with your User ID and password, as signature authorization for any transactions made through the Online Service. If you permit another person to use your User ID and password, you are fully responsible for any actions they take, including payments they authorize.


Electronic Communication

When you enroll in the Online Service, you must designate a primary email address for communication. You acknowledge and agree that all communications between you and MCA are electronic, including Terms, disclosures, notices, and other required communications. These satisfy any legal requirement that such communications be in writing.

MCA will make reasonable efforts to honor any request to opt out of emails or SMS/MMS text messages. If you no longer wish to receive texts, reply “STOP” or use the unsubscribe link in any email. For urgent issues, do not rely solely on electronic communication—contact the Company directly at 1-000-000-0000 or support@merchantcashadvance.io during business hours (Mon–Fri, 9:00 am–5:00 pm EST).


TCPA Consent

By providing your contact information, you consent to MCA (and parties acting on its behalf) communicating with you regarding your application or advance through phone calls, text messages, emails, or automated messages. These communications are informational only and not telemarketing.

By opting in with your mobile number, you:

  • Consent to receiving account-related texts (e.g., reminders, notifications).

  • Confirm you have ownership rights or authorization to use the number.

  • Acknowledge message/data rates may apply.

You may opt out at any time by replying “STOP.” For support, reply “HELP” or email support@mca.com.


Third-Party Websites and Content

The Website may contain links to third-party websites provided for convenience. MCA has no control over these sites, their content, or services. Inclusion of a link does not imply endorsement or approval by MCA. Use of third-party websites is at your own risk, and their terms and privacy policies may differ from MCA’s.


Termination & Survival

  • Automatic Termination: Non-compliance with these Terms immediately ends your rights to use the Website.

  • MCA’s Right: MCA may terminate or restrict your access at any time, with or without cause.

  • Voluntary Termination: You may terminate by notifying MCA at support@merchantcashadvance.io

  • Survival: Certain provisions (intellectual property, liability limits, indemnification, etc.) survive termination.


MCA’s Remedies

If you misuse content or data on the Website, MCA may pursue injunctive relief or other legal remedies in addition to damages.


Indemnification

You agree to indemnify and hold harmless MCA and its affiliates from any claims, damages, or costs (including legal fees) arising from your use of the Website, breach of Terms, or violation of third-party rights.


Fair Practices

You agree not to:

  • Make false, misleading, or unauthorized representations about MCA.

  • Engage in fraudulent, deceptive, or unethical practices regarding the Website or its content.


Assignment

You may not transfer your rights or obligations under these Terms. MCA may assign or transfer its rights and obligations without notice.


Choice of Law & Jurisdiction

These Terms are governed by the laws of the State of New York. Both parties consent to the exclusive jurisdiction of the state and federal courts located in New York, New York.


Local Laws

MCA makes no guarantee that Website materials are suitable outside the U.S. Accessing the Website from jurisdictions where it is unlawful is prohibited. You are responsible for compliance with applicable laws.


Waiver of Jury Trial

Both you and MCA waive the right to a trial by jury in any dispute arising from these Terms.


Class Action Waiver

All disputes will be resolved individually. You and MCA agree not to pursue claims as part of a class action.


Customer Comments

MCA welcomes feedback and comments submitted through the Website. All submissions are subject to these Terms and the Company’s Privacy Policy at www.merchantcashadvance.io/privacy-policy.


Miscellaneous

All rights not expressly granted remain reserved to MCA. These Terms do not create a partnership, agency, or employment relationship. Failure by MCA to enforce a right does not waive it. If any provision is deemed invalid, the remainder remains enforceable.


Contact Information

Questions or comments about these Terms should be directed to:
📧 support@merchantcashadvance.io

Last Modified: March 9, 2025