IMPORTANT: This disclaimer was drafted with AI assistance and should be reviewed by a licensed attorney before publication. This document does not constitute legal advice.
Lending Referral Disclaimer
Last updated: March 24, 2026 | Effective: March 24, 2026
FairlyFunded is NOT a lender.
FairlyFunded Inc. (“FairlyFunded”) is a software and referral platform. We do not provide loans, lines of credit, merchant cash advances, or any form of financing. We do not underwrite credit, make credit decisions, approve or deny applications, set interest rates, determine funding amounts, take deposits, hold client funds, arrange credit, or act as a financial institution. All lending, underwriting, credit decisions, and funding are performed solely by independent, licensed third-party lending partners (“Lending Partners”).
1. Referral Platform Disclosure
FairlyFunded operates as a technology platform that matches businesses seeking funding with independent Lending Partners who may offer financing products. When you submit information through the Platform, we may share that information with one or more Lending Partners who may contact you directly regarding potential funding options. The decision to offer funding, the terms of any funding, and all credit decisions are made solely by the Lending Partners in their independent discretion.
Submitting information through FairlyFunded does not constitute a loan application to FairlyFunded. Any application you complete is with the Lending Partner directly, subject to that Lending Partner's own terms, conditions, and privacy policy.
2. No Guarantee of Funding
FairlyFunded does not guarantee that you will:
- Be matched with any Lending Partner
- Receive any offers of funding
- Be approved for funding by any Lending Partner
- Receive funding at any particular rate, amount, or terms
- Receive funding within any specific timeframe
- Receive multiple offers to compare
Funding outcomes depend entirely on the Lending Partners' independent evaluation of your application, creditworthiness, business performance, and other factors in their sole discretion. Past approval rates, funding amounts, or timelines displayed on the Platform are historical data and do not guarantee future results.
3. Commission and Compensation Disclosure
FairlyFunded may receive compensation from Lending Partners in connection with referrals or funded transactions. This compensation may take the form of:
- Referral fees (fixed or percentage-based)
- Commissions on funded loans or advances
- Revenue sharing arrangements
- Points or basis points on funded amounts
- Other forms of compensation as agreed with Lending Partners
FairlyFunded is committed to transparency. Our referral compensation will be disclosed on every funding offer presented to you through the Platform. The existence of referral compensation does not increase the cost of your funding, alter the Lending Partner's independent credit decision, or create a fiduciary obligation between FairlyFunded and you.
The order in which funding offers are presented may be influenced by compensation arrangements, offer terms, estimated suitability, or other factors. We will clearly indicate when and how offers are sorted.
4. Independent Lending Partners
Lending Partners are independent entities. They are not agents, employees, subsidiaries, or affiliates of FairlyFunded. FairlyFunded does not control, direct, or supervise Lending Partners' lending practices, terms, decisions, or conduct. Each Lending Partner is responsible for its own compliance with applicable federal, state, provincial, and local laws and regulations.
You should carefully review the terms, conditions, fees, rates, and disclosures provided by any Lending Partner before accepting any funding offer. FairlyFunded encourages you to consult with a qualified financial advisor or attorney before entering into any financing agreement.
5. APR and Cost Disclosure
Where applicable, FairlyFunded will display the following information for funding offers presented through the Platform:
- For loans and lines of credit: Annual Percentage Rate (APR), total interest cost, payment schedule, and total payback amount
- For merchant cash advances (MCAs) and revenue-based financing: factor rate, total payback amount, estimated term, holdback percentage, and itemized fees
- For all products: FairlyFunded's referral compensation, any origination fees, and total cost of funding
APR calculations for non-loan products (such as MCAs and revenue-based financing) are estimates based on projected repayment timelines. Actual APR equivalents may vary depending on actual repayment speed and business revenue. APR estimates are provided for comparison purposes only and may not reflect the actual cost of the product.
The final terms and costs of any funding product are determined by the Lending Partner, not FairlyFunded. Always review the Lending Partner's disclosure documents and contract terms carefully before accepting any offer.
6. Credit Impact
Submitting information through FairlyFunded generally does not result in a hard credit inquiry or affect your credit score. However, if you choose to proceed with a Lending Partner's application or accept a funding offer, the Lending Partner may perform a hard credit inquiry that could affect your credit score. FairlyFunded is not responsible for any credit inquiries performed by Lending Partners.
7. State and Provincial Compliance Notices
The following notices apply to users in specific jurisdictions:
California (SB 1235 / SB 362)
For California-based businesses: Lending Partners offering commercial financing products are required to provide disclosures as mandated by California's Commercial Financing Disclosure Law (SB 1235, as amended by SB 362, codified at Cal. Fin. Code sections 22800-22808). These disclosures include the total amount of funds provided, total dollar cost, term, payment amounts, APR, and prepayment policies. FairlyFunded will display these disclosures when provided by Lending Partners.
New York
For New York-based businesses: New York's Commercial Finance Disclosure Law (S 5470-B) requires certain commercial financing providers to provide standardized disclosures including APR, total cost, and other terms. FairlyFunded will display these disclosures when provided by Lending Partners operating in New York.
Virginia
For Virginia-based businesses: Virginia's Commercial Financing Disclosure provisions under Va. Code sections 6.2-2246 through 6.2-2250 require certain commercial financing disclosures. Applicable disclosures will be displayed when provided by Lending Partners.
Utah
For Utah-based businesses: Utah's Commercial Financing Registration and Disclosure Act (Utah Code sections 7-27-101 et seq.) may require certain disclosures from commercial financing providers.
Florida
For Florida-based businesses: Florida's Commercial Financing Disclosure Law (Fla. Stat. sections 559.9601-559.961) requires certain disclosures for commercial financing transactions.
Canada
For Canadian businesses: FairlyFunded complies with applicable federal and provincial consumer protection and business practices legislation. Interest rates and costs will be disclosed in accordance with applicable requirements, including the Interest Act (Canada) and provincial cost of credit disclosure regulations where applicable.
Other Jurisdictions
Additional state and provincial commercial financing disclosure laws may apply depending on your jurisdiction. FairlyFunded will comply with applicable disclosure requirements as they come into effect and will update this section accordingly.
8. Licensing and Regulatory Status
FairlyFunded is not a licensed lender, bank, credit union, or financial institution in any jurisdiction. Where required by applicable law, FairlyFunded holds or will obtain appropriate registrations or licenses to operate as a referral platform or lead generator. FairlyFunded's role is limited to technology and referral services as described in these disclosures.
Lending Partners are responsible for maintaining their own licenses, registrations, and regulatory compliance in each jurisdiction where they operate.
9. Complaints and Concerns
If you have concerns about a Lending Partner's practices, you should contact the Lending Partner directly and may also file a complaint with the appropriate regulatory authority in your jurisdiction (e.g., the Consumer Financial Protection Bureau in the United States or the Financial Consumer Agency of Canada).
For concerns about FairlyFunded's referral practices, contact us at legal@fairlyfunded.com.
Related policies: Terms of Service | Privacy Policy | Transparency Promise
FairlyFunded is operated by FairlyFunded Inc. FairlyFunded is a referral platform, not a lender. All credit decisions are made by independent lending partners.
