Terms of Use
Last Updated: July 20, 2026
These Terms of Use (“Terms”) constitute a legally binding agreement between Shoamie, LLC, a Florida limited liability company doing business as Funding Explorer (“Funding Explorer,” “we,” “our,” or “us”), and the individual or business entity accessing or using the Platform (“you” or “your”).
Please read these Terms carefully. By creating an Account, selecting “I Agree,” checking an acceptance box, accessing restricted features, or otherwise affirmatively accepting these Terms through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. Merely visiting a publicly accessible informational page does not, by itself, create an Account or grant any license beyond the limited permission necessary to view that page. If you do not agree to these Terms, you must immediately discontinue use of the Platform.
1. Definitions
For purposes of these Terms, the following definitions apply.
“Account”
An account created to access all or part of the Platform.
“Authorized User”
An individual authorized by a Business User to access or use the Platform on the Business User’s behalf.
“Business User”
Any corporation, partnership, limited liability company, sole proprietorship, nonprofit organization, governmental entity, or other business organization that accesses or uses the Platform.
“Content”
Any text, graphics, images, reports, calculations, simulations, videos, documents, educational materials, software interfaces, AI-generated responses, downloadable files, data visualizations, or other materials made available through the Platform.
“Platform”
The Funding Explorer website, software applications, dashboards, simulators, calculators, educational resources, reports, APIs, artificial intelligence features, integrations, downloadable materials, and all related products and services operated by Shoamie, LLC under the Funding Explorer brand.
The Platform currently includes, among other tools, the Invoice Factoring Simulator, together with any enhancements, updates, modules, successor products, or additional functionality introduced by Funding Explorer from time to time.
“Services”
The functionality, features, tools, software, educational resources, simulations, reports, integrations, and other services made available through the Platform.
“Simulation”
Any estimate, calculation, comparison, report, projection, recommendation, visualization, or educational analysis generated through the Platform using information provided by the user, imported from third-party services, or calculated using Funding Explorer’s proprietary methodologies.
2. Eligibility
The Platform is intended primarily for businesses and individuals acting on behalf of businesses.
You represent and warrant that:
- you are at least eighteen (18) years of age;
- you have the legal authority to enter into these Terms;
- if you are using the Platform on behalf of a business or other organization, you have authority to bind that organization to these Terms; and
- your use of the Platform complies with all applicable laws and regulations.
Funding Explorer may refuse access to any person or organization at its sole discretion.
3. Description of the Platform
Funding Explorer develops educational software designed to help businesses better understand commercial financing through interactive simulations, calculators, educational resources, reports, and related technology.
The Platform is intended to assist businesses in evaluating potential financing scenarios, understanding funding structures, comparing financing options, and improving financial decision-making through educational tools.
The Platform is not intended to replace professional judgment or independent evaluation of financing options.
Although the Platform may include educational information regarding invoice factoring and other commercial financing products, Funding Explorer is not:
- a bank;
- a lender;
- a factoring company;
- a finance company;
- a financial institution;
- a credit decisioning service;
- an investment adviser;
- a certified public accounting firm;
- a law firm; or
- a provider of legal, accounting, tax, or financial advisory services.
Nothing within the Platform constitutes an offer to lend money, purchase receivables, extend credit, guarantee financing, or provide financial advice.
4. Educational Purpose Only
The Platform has been developed exclusively as an educational and business decision-support resource.
All simulations, calculations, projections, recommendations, reports, comparisons, examples, educational articles, AI-generated explanations, and other information available through the Platform are intended solely to improve a user’s understanding of commercial financing concepts.
Simulation results are based upon assumptions, methodologies, user-selected variables, imported information, and mathematical models.
Actual financing terms offered by any lender, factor, finance company, or funding provider will vary and may differ substantially from any simulation generated by the Platform.
Users should independently evaluate any financing opportunity before making business decisions.
5. No Professional Advice
The Platform does not provide:
- financial advice;
- investment advice;
- tax advice;
- accounting advice;
- legal advice;
- underwriting decisions;
- lending recommendations; or
- professional consulting services.
Nothing contained within the Platform should be interpreted as creating a fiduciary relationship between Funding Explorer and any user.
You remain solely responsible for evaluating financing alternatives and making all business decisions.
Funding Explorer strongly recommends consulting qualified financial, legal, tax, or accounting professionals before entering into any financing transaction.
6. No Financing Offers or Commitments
The Platform does not issue financing approvals, commitments, quotes, credit decisions, or loan offers.
Any rates, fees, reserve percentages, advance rates, payment schedules, projected funding amounts, financing costs, effective annual percentage rates, cash flow projections, or other financial estimates displayed by the Platform are educational estimates only.
Nothing generated by the Platform constitutes:
- a financing offer;
- a lending commitment;
- an approval;
- a quotation;
- a contractual obligation;
- a promise of future financing terms; or
- a guarantee that financing will be available.
All financing decisions remain solely within the discretion of the applicable funding provider.
7. User Responsibility
You are solely responsible for:
- all information entered into or imported into the Platform;
- reviewing the accuracy of your information;
- verifying simulation assumptions;
- evaluating any financing alternatives;
- obtaining independent professional advice when appropriate; and
- making your own business and financial decisions.
You acknowledge that business financing decisions involve numerous factors beyond the information analyzed by the Platform and agree not to rely exclusively on any simulation, report, recommendation, or AI-generated response when making financing decisions.
8. Changes to the Platform
Funding Explorer continually develops, updates, and improves the Platform, including new software, educational resources, integrations, calculators, simulators, AI features, reports, and related technology.
Unless otherwise stated, these Terms automatically apply to any future products, services, features, updates, enhancements, or functionality made available through the Platform.
Accordingly, Funding Explorer reserves the right, at any time and with or without notice, to:
- modify, suspend, discontinue, or replace any portion of the Platform;
- add or remove functionality;
- change calculations, assumptions, or simulation methodologies;
- improve or change user interfaces;
- introduce new products, services, integrations, or artificial intelligence capabilities;
- discontinue existing functionality or subscription plans;
- perform maintenance or implement security updates; and
- correct errors or inaccuracies.
Funding Explorer does not guarantee that any feature will remain available indefinitely and has no obligation to maintain prior functionality.
9. Accounts and Registration
Certain features of the Platform may require you to create an Account.
You agree to provide accurate, current, and complete information during registration and to promptly update your information if it changes.
If you create an Account on behalf of a Business User, you represent that you have the authority to do so and to bind that Business User to these Terms.
Each Account is intended for the authorized Business User and its Authorized Users. You may not sell, transfer, lease, sublicense, or otherwise make your Account available to unauthorized third parties.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
You agree to notify Funding Explorer immediately if you suspect unauthorized access, loss of credentials, or any security incident involving your Account.
Funding Explorer is not responsible for losses resulting from your failure to maintain the security of your Account.
The Business User is responsible for all acts and omissions of its Authorized Users, employees, contractors, representatives, and other persons who access the Platform through its Account or at its direction. Any violation of these Terms by such a person will be treated as a violation by the Business User.
Unless the applicable subscription expressly allows otherwise, each login credential may be used by only one named individual and may not be shared.
10. Account Security
You agree to take reasonable steps to protect your Account, including maintaining secure passwords and restricting access to authorized personnel.
Funding Explorer may require multi-factor authentication, identity verification, or additional security measures at any time.
If we reasonably believe your Account has been compromised or is being used in violation of these Terms, we may suspend or restrict access until the issue has been resolved.
Nothing in this section obligates Funding Explorer to monitor your Account for unauthorized activity.
Usage limits, authentication requirements, rate limits, access tokens, Account restrictions, robots directives, technical barriers, and other Platform controls define the scope of authorized access. Attempting to bypass, disable, evade, interfere with, or exceed those controls constitutes unauthorized use and a material breach of these Terms.
11. Subscription Services
Some portions of the Platform may be provided without charge, while other features may require payment through a subscription or other fee arrangement.
Funding Explorer reserves the right to introduce, modify, or discontinue pricing, subscription plans, usage limits, or premium features at any time.
If Funding Explorer offers paid subscriptions, the applicable price, billing frequency, renewal terms, cancellation procedure, refund policy, usage limits, and any additional payment terms will be clearly presented and accepted before payment information is collected.
Failure to pay applicable fees may result in suspension or termination of access to paid features.
Free features may also be modified or discontinued without notice.
12. Third-Party Integrations
The Platform may allow you to connect with third-party software or services, including accounting platforms such as QuickBooks Online and other financial management systems that Funding Explorer may support in the future.
These integrations are provided solely for your convenience and to improve the functionality of the Platform.
Funding Explorer does not own or control any third-party service.
Your use of third-party software is governed exclusively by the terms, conditions, and privacy policies of the applicable provider.
Funding Explorer makes no representation regarding the availability, accuracy, reliability, or continued compatibility of any third-party integration.
13. Imported Data
When you authorize a third-party integration, the Platform may import information necessary to generate simulations and reports.
Depending on the integration, imported information may include:
- customer information;
- invoices;
- accounts receivable;
- payment history;
- transaction records;
- business profile information;
- financial information;
- and other information you authorize the Platform to access.
Imported information is used solely to provide Platform functionality and improve your experience.
Unless expressly authorized by you, Funding Explorer will not modify your accounting records or write information back to your connected accounting system.
You remain solely responsible for reviewing imported information for completeness and accuracy.
14. Data Ownership
You retain ownership of all information that you submit, upload, import, or otherwise provide through the Platform (“User Data”).
These Terms do not transfer ownership of your User Data to Funding Explorer.
However, you grant Funding Explorer a worldwide, non-exclusive, royalty-free license to host, process, store, reproduce, transmit, analyze, display, and otherwise use your User Data solely for the purposes of:
- operating the Platform;
- generating simulations and reports;
- providing customer support;
- improving Platform functionality;
- detecting fraud or abuse;
- maintaining security;
- complying with legal obligations; and
- any other purpose authorized by you.
This license terminates when your User Data is permanently deleted from our systems, except where retention is required by law or permitted under these Terms.
15. Aggregated and Anonymous Data
Funding Explorer may create aggregated, anonymized, or de-identified information derived from User Data.
Such information will not identify you, your business, your customers, or any individual.
Funding Explorer may use aggregated information for purposes including:
- improving the Platform;
- developing new features;
- creating industry benchmarks;
- conducting statistical analysis;
- measuring Platform performance;
- publishing market insights; and
- internal business operations.
Aggregated information remains the exclusive property of Funding Explorer.
16. Artificial Intelligence Features
The Platform may include artificial intelligence (“AI”) features designed to assist users by explaining simulation results, summarizing information, answering questions, generating reports, or providing educational content.
AI-generated responses are produced using automated systems and may contain inaccuracies, omissions, outdated information, or incorrect assumptions.
AI responses are intended solely to enhance the educational value of the Platform.
AI-generated content should never be interpreted as:
- financial advice;
- accounting advice;
- legal advice;
- tax advice;
- investment advice;
- underwriting decisions;
- financing recommendations; or
- guarantees of future results.
You are solely responsible for reviewing and validating any AI-generated information before relying upon it.
17. Proprietary Methodology and Simulation Technology
The Platform incorporates proprietary software, source code, workflows, calculation structures, data-processing methods, assumptions, models, formulas, scoring methods, selection criteria, report structures, prompts, system instructions, and simulation techniques developed or selected by Funding Explorer.
Certain portions of these materials are maintained as confidential information or trade secrets and are not disclosed to users. Other portions may be protected by copyright, contract, trademark, or other applicable laws even if they do not qualify as trade secrets.
Access to the Platform does not grant you any ownership interest in, or license to use, the underlying software, methodologies, models, logic, or processes except for the limited right to use the Platform as expressly authorized under these Terms.
You may use Simulation outputs only for your own internal business evaluation. You may not, directly or indirectly:
- extract, derive, reconstruct, map, test, benchmark, or attempt to determine the Platform’s underlying models, formulas, logic, assumptions, prompts, workflows, architecture, or decision rules;
- use repeated inputs, automated queries, coordinated accounts, or systematic testing to reproduce or approximate Platform functionality;
- use Platform access, Content, or outputs to design, develop, validate, train, improve, market, or operate a competing or substantially similar product or service;
- disclose or publish nonpublic technical information learned through access to the Platform; or
- permit any third party to engage in these activities through your Account.
These restrictions apply whether the activity is conducted manually, automatically, through artificial intelligence, through multiple accounts, or through a third party acting on your behalf.
18. Third-Party Funding Providers
From time to time, Funding Explorer may provide educational information about, identify, introduce, or refer users to independent third-party funding providers or other commercial financing resources.
Any referral, introduction, marketplace listing, or educational reference is provided solely as a convenience.
Funding Explorer does not guarantee:
- approval;
- financing availability;
- interest rates;
- advance rates;
- reserve percentages;
- fees;
- closing timelines;
- customer service quality; or
- the financial condition of any third-party provider.
Any financing relationship exists solely between the user and the applicable funding provider.
Funding Explorer is not responsible for any actions, omissions, products, services, agreements, or representations of any third party.
Funding Explorer may receive referral fees, marketing fees, affiliate compensation, sponsorship payments, or other compensation from certain third-party providers.
Unless expressly disclosed, such compensation does not increase the amount paid by the user to the funding provider.
19. Acceptable Use
You agree that you will not:
- violate any applicable law or regulation;
- use the Platform for fraudulent or deceptive purposes;
- impersonate another individual or business;
- provide false or misleading information;
- attempt to gain unauthorized access to the Platform or related systems;
- interfere with the operation, availability, or security of the Platform;
- upload malicious software, viruses, ransomware, or other harmful code;
- scrape, harvest, or systematically collect Platform data;
- use automated tools or bots without our prior written permission;
- circumvent usage limits or security measures;
- copy or reproduce substantial portions of Platform Content;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the Platform’s source code, algorithms, models, formulas, or methodologies;
- access or use the Platform for competitive intelligence, competitive analysis, product development, benchmarking, feature comparison, or the benefit of any competing or potentially competing business;
- submit repeated, structured, coordinated, or systematically varied inputs for the purpose of discovering, estimating, mapping, or reproducing the Platform’s calculations, relationships, assumptions, rules, models, outputs, or behavior;
- use manual methods, scripts, bots, browser automation, artificial intelligence agents, multiple Accounts, shared credentials, proxies, rotating IP addresses, or third parties to avoid usage limits or access restrictions;
- copy or imitate the Platform’s reports, output structure, workflows, screen sequences, user experience, visual presentation, taxonomies, field organization, or arrangement of Content;
- frame, mirror, embed, white-label, resell, or provide access to the Platform or its outputs as part of another product or service without written permission;
- publish performance tests, screenshots, demonstrations, comparative analyses, or benchmarks of the Platform without Funding Explorer’s prior written consent;
- use Platform Content, outputs, screenshots, reports, or data to train, fine-tune, test, evaluate, ground, or improve any artificial intelligence or machine-learning system;
- conceal or misrepresent your identity, affiliation, employer, principal, or competitive purpose when accessing the Platform;
- use Platform outputs to train or improve competing artificial intelligence systems, machine learning models, financial software, calculators, or simulation tools;
- develop products or services that substantially replicate the functionality of the Platform;
- interfere with another user’s use of the Platform; or
- encourage or assist another person in violating these Terms.
Competitors of Funding Explorer, and persons acting on behalf of competitors, may not access or use nonpublic portions of the Platform without Funding Explorer’s prior written authorization. Funding Explorer may determine, in its reasonable discretion, whether an individual or entity is a competitor or is acting for a competitive purpose.
Funding Explorer reserves the right to investigate suspected violations and take any action it considers appropriate, including suspension or termination of Accounts, removal of content, or referral to law enforcement where appropriate.
20. Intellectual Property
The Platform, including all software, source code, object code, databases, user interfaces, designs, layouts, graphics, logos, trademarks, service marks, reports, educational materials, documentation, videos, calculations, simulation methodologies, workflows, formulas, algorithms, scoring models, artificial intelligence prompts, AI-generated templates, business processes, and all other Content made available through the Platform are owned by or licensed to Funding Explorer and, as applicable, are protected by copyright, trademark, trade-secret, patent, contract, unfair-competition, and other United States and international laws.
Except for the limited license expressly granted under these Terms, no ownership or other rights are transferred to you.
All rights not expressly granted are reserved by Funding Explorer.
The absence of a copyright, trademark, confidentiality, or other proprietary notice does not constitute a waiver of Funding Explorer’s rights.
21. Limited License
Subject to your compliance with these Terms, Funding Explorer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your own internal business purposes.
This license does not permit you to:
- reproduce Platform Content for commercial distribution;
- create derivative works based upon the Platform;
- sell, rent, lease, sublicense, or commercially exploit the Platform;
- copy the Platform’s educational methodology or simulation logic;
- use Platform Content to create competing educational materials;
- remove copyright, trademark, or proprietary notices; or
- use the Platform in any manner inconsistent with these Terms.
This license automatically terminates upon termination of your access to the Platform.
22. Ownership and Permitted Use of Outputs
Subject to your compliance with these Terms, Funding Explorer permits you to use reports, simulations, calculations, and other outputs generated specifically for your Account solely for your internal business purposes.
This permission does not transfer ownership of the Platform, report templates, formatting, visualizations, methodology, models, formulas, explanatory structure, software, or other preexisting materials incorporated into an output.
You may share an individual output with your employees, professional advisers, or financing providers solely for evaluating your business or a specific financing opportunity, provided that you do not remove proprietary notices or use the output to create or support a competing product.
You may not sell, license, publish, distribute, commercialize, aggregate, create a database from, or systematically reproduce Platform outputs without Funding Explorer’s prior written consent.
23. Feedback
Funding Explorer welcomes suggestions regarding improvements to the Platform.
If you voluntarily submit ideas, suggestions, comments, feature requests, bug reports, or other feedback (“Feedback”), you grant Funding Explorer a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publish, distribute, and incorporate such Feedback into the Platform without restriction or compensation.
You acknowledge that Funding Explorer is under no obligation to implement any Feedback.
24. Confidential Information
During your use of the Platform, you may have access to confidential or proprietary information belonging to Funding Explorer.
Confidential Information includes, without limitation:
- simulation methodologies;
- software architecture;
- business processes;
- pricing models;
- algorithms;
- formulas;
- AI prompts;
- source code;
- unpublished features;
- product roadmaps;
- documentation;
- technical information; and
- other non-public information identified as confidential or that reasonably should be understood to be confidential.
You agree not to disclose, distribute, reproduce, or use Confidential Information except as necessary to use the Platform as permitted under these Terms.
Confidential Information does not include information that the user can demonstrate through written records:
- was lawfully known to the user without a confidentiality obligation before disclosure by Funding Explorer;
- becomes publicly available through no violation of these Terms;
- is received lawfully from a third party without a confidentiality obligation; or
- is independently developed without use of or reference to Funding Explorer’s Confidential Information.
If disclosure is legally required, the user must, to the extent legally permitted, provide prompt written notice to Funding Explorer and reasonably cooperate in seeking confidential treatment.
This obligation survives termination of these Terms.
25. Beta Features
Certain portions of the Platform may be designated as beta, preview, early access, experimental, or pre-release features (“Beta Features”).
Beta Features may contain bugs, errors, incomplete functionality, or unexpected behavior.
Funding Explorer may modify, suspend, or discontinue Beta Features at any time without notice.
Beta Features are provided solely for evaluation purposes and are provided “AS IS” without warranties of any kind.
Your use of Beta Features is entirely at your own risk.
26. Security
Funding Explorer implements commercially reasonable administrative, technical, and organizational measures designed to protect Platform information.
However, no software platform, cloud service, or internet transmission can be guaranteed to be completely secure.
Accordingly, Funding Explorer cannot guarantee that unauthorized access, cyberattacks, data breaches, system failures, or other security incidents will never occur.
You acknowledge and accept these inherent risks when using the Platform.
You agree to notify Funding Explorer promptly if you become aware of any vulnerability, unauthorized access, or suspected security issue affecting the Platform.
27. Privacy
Funding Explorer’s collection, use, disclosure, retention, and protection of personal information are described in the Privacy Policy, which is incorporated into these Terms by reference. Where applicable law requires separate consent for a particular practice, Funding Explorer will request that consent separately.
28. Electronic Communications
By creating an Account or using the Platform, you consent to receive communications electronically.
Such communications may include:
- account notifications;
- security alerts;
- legal notices;
- invoices;
- subscription information;
- service announcements;
- feature updates;
- customer support communications; and
- other notices relating to the Platform.
Electronic communications satisfy any legal requirement that such communications be provided in writing.
29. Suspension and Termination
Funding Explorer may suspend, restrict, or terminate your access to all or any portion of the Platform immediately, with or without notice, if we reasonably believe:
- you have violated these Terms;
- your use presents a security risk;
- fraudulent or unlawful activity has occurred;
- continued access may expose Funding Explorer or other users to liability;
- required by law; or
- necessary to protect the integrity of the Platform.
You may discontinue use of the Platform at any time.
Termination does not relieve either party of obligations that accrued prior to termination.
The provisions relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, payment obligations, and any provisions that by their nature should survive termination shall remain in effect.
30. Effect of Termination
Upon termination:
- your right to access the Platform immediately ends;
- any licenses granted under these Terms automatically terminate;
- Funding Explorer may deactivate or delete your Account in accordance with its data retention policies;
- we may retain information where required by law or reasonably necessary to enforce these Terms, resolve disputes, detect fraud, or protect our legal rights.
Deletion of your Account does not require immediate deletion of backup copies or archived records maintained in the ordinary course of business.
31. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDING EXPLORER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- RELIABILITY;
- COMPLETENESS;
- QUALITY;
- PERFORMANCE; OR
- AVAILABILITY.
WITHOUT LIMITING THE FOREGOING, FUNDING EXPLORER DOES NOT WARRANT THAT:
- the Platform will operate without interruption;
- the Platform will always be available;
- errors or defects will be corrected;
- simulations will be accurate for every business or financing scenario;
- information imported from third parties will be complete or accurate;
- AI-generated responses will be accurate, complete, or suitable for your circumstances;
- the Platform will be compatible with every browser, operating system, accounting platform, or device;
- the Platform will always be free from viruses, malware, or other harmful components; or
- any business objective or financing outcome will be achieved through use of the Platform.
You assume all risks associated with your use of the Platform.
32. No Reliance
You acknowledge that the Platform is an educational and decision-support resource.
You agree not to rely exclusively upon:
- simulations;
- reports;
- calculators;
- AI-generated responses;
- educational content;
- comparisons;
- benchmarks;
- recommendations; or
- any other Platform output,
when making financing, legal, accounting, tax, investment, or business decisions.
You remain solely responsible for evaluating the suitability of any financing solution and for obtaining independent professional advice where appropriate.
Funding Explorer shall have no liability arising from decisions made based upon information generated by the Platform.
33. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDING EXPLORER, SHOAMIE, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- CONSEQUENTIAL DAMAGES;
- EXEMPLARY DAMAGES;
- PUNITIVE DAMAGES;
- LOSS OF PROFITS;
- LOSS OF REVENUE;
- LOSS OF BUSINESS;
- LOSS OF GOODWILL;
- LOSS OF OPPORTUNITIES;
- LOSS OF CUSTOMERS;
- LOSS OF DATA;
- BUSINESS INTERRUPTION;
- COST OF SUBSTITUTE SERVICES; OR
- ANY OTHER ECONOMIC LOSS,
ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF FUNDING EXPLORER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, FUNDING EXPLORER SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM:
- inaccurate user input;
- inaccurate imported data;
- third-party accounting software;
- AI-generated content;
- simulation assumptions;
- financing decisions;
- lender decisions;
- funding provider actions;
- internet outages;
- software failures;
- cyberattacks;
- unauthorized account access;
- delays;
- data loss;
- or events beyond our reasonable control.
IF, NOTWITHSTANDING THE FOREGOING, FUNDING EXPLORER IS FOUND LIABLE FOR ANY CLAIM, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT PAID BY YOU TO FUNDING EXPLORER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
34. Indemnification
You agree to defend, indemnify, and hold harmless Shoamie, LLC, Funding Explorer, and their respective members, managers, officers, employees, contractors, affiliates, successors, licensors, and agents from and against any claims, demands, actions, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- your use of the Platform;
- your User Data;
- your violation of these Terms;
- your violation of applicable law;
- your infringement of the rights of another person or entity;
- your misuse of Platform Content; or
- your negligence or intentional misconduct.
Funding Explorer reserves the right to assume the exclusive defense of any matter subject to indemnification, at your expense.
35. Force Majeure
Funding Explorer shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including:
- natural disasters;
- hurricanes;
- floods;
- fires;
- pandemics;
- acts of government;
- labor disputes;
- internet outages;
- utility failures;
- cyberattacks;
- denial-of-service attacks;
- failures of cloud providers;
- failures of third-party software;
- acts of terrorism;
- war; or
- other force majeure events.
Performance shall be suspended for the duration of such event.
36. Enforcement and Equitable Relief
You acknowledge that unauthorized access, disclosure, copying, extraction, reverse engineering, misuse of Confidential Information, or violation of Funding Explorer’s intellectual-property rights may cause immediate and irreparable harm for which monetary damages may be inadequate.
Accordingly, Funding Explorer may seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable relief, without limiting any other rights or remedies available at law or in equity.
To the extent permitted by applicable law, Funding Explorer may also recover damages, profits attributable to the violation, investigation costs, enforcement costs, and reasonable attorneys’ fees where authorized by contract, statute, or court order.
Nothing in these Terms requires Funding Explorer to post a bond or other security except where such a requirement cannot legally be waived.
37. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
38. Venue
Any legal action arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in Broward County, Florida.
Each party irrevocably submits to the exclusive jurisdiction of those courts and waives any objection based upon venue or forum non conveniens.
39. Changes to These Terms
Funding Explorer may revise these Terms from time to time. For nonmaterial changes, we may provide notice by updating the “Last Updated” date. For material changes, we may provide notice through the Platform, by email, or through another reasonable method.
Where required by law or where the changes materially affect your rights or obligations, Funding Explorer may require affirmative acceptance of the revised Terms before continued access to some or all Platform features.
Unless otherwise stated, revised Terms become effective when posted or on the later effective date identified in the notice.
40. Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Funding Explorer.
Funding Explorer may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, sale of assets, financing transaction, or by operation of law.
41. Entire Agreement
These Terms, together with our Privacy Policy and any additional policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Funding Explorer regarding the Platform and supersede all prior or contemporaneous agreements, communications, and understandings relating to the subject matter of these Terms.
If a separate written agreement signed by Funding Explorer expressly governs a particular Service, that agreement will control over these Terms solely to the extent of a direct conflict. Any purchase order or other document issued by a user will not modify these Terms unless expressly accepted in a writing signed by Funding Explorer.
42. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be interpreted, modified, or replaced to the minimum extent necessary to make it enforceable while preserving its original intent.
43. No Waiver
Failure by Funding Explorer to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
Any waiver must be in writing and signed by an authorized representative of Funding Explorer.
44. Headings
Section headings are provided solely for convenience and shall not affect the interpretation of these Terms.
45. Contact Information
If you have questions regarding these Terms, you may contact us through:
Funding Explorer
Shoamie, LLC
2251 NE 66th Street, #1608
Fort Lauderdale, Florida 33308
United States
Website: https://fundingexplorer.com/contact/
46. Acceptance
BY CREATING AN ACCOUNT, SELECTING “I AGREE,” CHECKING AN ACCEPTANCE BOX, ACCESSING RESTRICTED FEATURES OF THE PLATFORM, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. MERELY VISITING A PUBLICLY ACCESSIBLE INFORMATIONAL PAGE ON THE PLATFORM DOES NOT, BY ITSELF, CONSTITUTE ACCEPTANCE OF THESE TERMS.
Funding Explorer maintains records evidencing acceptance of these Terms, including the applicable Terms version and URL, the date and time of acceptance, the acceptance action taken, and identifying account and technical information associated with that acceptance.
