Welcome to Tillful, an application owned and operated by Flowcast, Inc. (collectively referred to herein as “Tillful”, “Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of Services operated by Tillful.
Tillful offers a subscription service to assist you with your business needs. Tillful matches you with various potential Funders, credit and non-credit products to meet your business needs or assist you to manage your credit through working with Credit Reporting Agencies. As part of the Services, we request and you provide various items of information to be used in order to provide the best match for your business needs from among our partners.
- The Services and Websites are meant to provide you a means to review your personal and business finance and/or credit information for educational purposes only. The Services and Websites may also provide you other third-party products or services.
- We will identify those Services that are provided to you free of charge. Some of the Services require a fee at the time of Service purchase or enrollment. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize The Company to: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g. monthly or annual basis) for membership renewals.
- As discussed above, and for your convenience, we may provide various other third-party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which The Company may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. Further, The Company does not represent, warrant or guarantee approval of any loan offer or service offered by a third party on any Website or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible approval are for illustrative purposes only and may vary based on your individual and business entity’s financial circumstances and the terms made available to you by the applicable issuer or lender. The Company disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible approvals or benefits made by The Company or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender’s website. Once you click apply for any offers, you will be directed to the issuer or lender’s website where you may review the terms and conditions of the applicable opportunity or offer before applying.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link found in the email communications.
- Fee Changes
Tillful, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Tillful will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Content found on or through this Service is the property of Tillful or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
- Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
(j) Any use outside of the U.S and its territories.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
- No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tillful and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tillful.
- Error Reporting and Feedback
You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
- Links To Other Web Sites
Tillful has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT TILLFUL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES, OR THAT ARE OTHERWISE INTEGRATED WITH THE SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Without in any way limiting the foregoing, use of certain integrated third-party services shall be subject to additional end user license terms, and require that you enter into an end user agreement directly with the third-party service provider. Your use of such third-party services signifies your express agreement to such end user agreements.
Should any conflict arise between the terms of this Agreement and any such end user license agreement, this Agreement shall control.
- Additional Terms for Partner Service Users
The terms of this Section shall apply to all users of any third-party service in connection with Tillful (the “Partner Service”):
- “Applicant” means a commercial entity which applies for a loan, line of credit, credit facility, or other financing instrument (a “Loan”, “Funding”) utilizing Partner Services, or any other end user of the Services as contemplated in the Agreement.
- “Applicant Data” means any information: (i) an Applicant transmits through, to, or using PartnerServices, or (ii) which We provide to You in respect of or in relation to an Applicant.
- “Funder” means a financial institution which evaluates Applicant information and determines the qualifications and terms for providing funding to an Applicant.
- “Funding Services” means the services, subject to the terms of this Agreement, including Tillful’s processing of Applicant funding requests and matching Applicants with prospective Funders.
- “Credit Reporting Agencies” means one of the recognized agencies in the business of keeping credit score, such as Experian Information Solutions, Inc., TransUnion, LLC, and/or Dun & Bradstreet, Inc. or any other credit reporting company.
- User Restrictions. The Partner Service is only available to businesses and/or commercial entities, and individual users and consumers shall not use or otherwise access the Partner Service. You hereby warrant that neither you, the company you represent, nor any of its officers, directors, members, managers, or employees are: a) are Specially Designated Nationals, b) operate as a credit clinic or a credit repair organization, c) are listed on an Experian Customer Alert List, d) are included on any government issued prohibition list (as published by OFAC, Treasury, or a similar regulatory entity), or e) have been involved in credit fraud or other unethical business practices.
- Experian Restrictions. In consideration of your right to receive and use Applicant Data and the Partner Services, you understand and certify that the Partner Services: (i) will be used solely in connection with a present or prospective credit or financial transaction with the business entity inquired upon or for other legitimate commercial purposes, including business research; (ii) will not be used as a factor in establishing an individual's eligibility for (a) credit or insurance to be used primarily for personal, family or household purposes, or (b) employment; (iii) will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in the Agreement or otherwise adopted by Experian, Tillful, or Tillful’s vendors hereafter; and (iv) will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested.
- Proprietary Scoring. Tillful’s vendor may assign a proprietary credit and risk scoring metric to an Applicant (the "Score"). The Score credit score may or may not be used by Funders or Credit Reporting Agencies and is not an endorsement or guarantee of Applicant's credit worthiness as seen by Funders or Credit Reporting Agencies. There are many scoring models used in the marketplace and each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a Funder. The Score may not be identical in every respect to any other credit score produced by another company or used by a given Funder.
The Score is calculated using Applicant's actual data from Applicant's credit file on the day that the Score is calculated. Other factors, such as length of employment and annual salary, are often taken into consideration by Funders when making decisions about Loans. How each Funder weighs its chosen factors may vary, but the exact formula used to calculate the Score is proprietary. Each consumer reporting agency has its own set of data, which may result in a separate Score for each of Applicant's credit files. All Scores provided by Tillful or its vendors shall be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law or as otherwise set forth in the Agreement.
California Finance Lending Law. At this time, Tillful will not provide Funding Services with respect to any California Merchants in a manner that would require a California Finance Lending Law Licensing.
- Applicant Data. You agree that We may disclose Applicant Data to Our Representatives, Funders, Credit Reporting Agencies, or third parties as necessary to provide the Services. You agree that We may provide Applicant Data to the Distributor, and may furnish to Funders and to the Distributor a copy of Applicant’s credit report information (including credit scoring and derivative commercial risk assessments created with the use of Applicant Data and/or any credit report We receive as part of the Services) if one is authorized by Applicant in connection with Funding Services. You consent to Tillful and its Representatives using Applicant Data to contact You via phone, text, SMS or any similar mechanism, including through the use of an automated telephone dialing system, for marketing purposes.
- Exchange of Personal Information
The parties expressly agree and acknowledge that any “Personal Information” as defined by Cal. Civ. Code §§ 1798.140 which is provided by Tillful or its vendors to you, or by you to Tillful and/or its vendors, in connection with your use of the Services is not communicated for the purposes of, or in exchange of, any consideration whatsoever.
- Permissible Purpose and Consents
You understand and agree that, by establishing an account with The Company, or submitting or enrolling for any Service, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for The Company to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you have an account with The Company, and such information may be obtained from Credit Reporting Bureaus. You understand and agree that, pursuant to such authorization, The Company may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that, by establishing an account with The Company, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts via SMS text at the number provided during account creation. You understand and agree that The Company may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to The Company for The Company to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you to review while you have an account with The Company.
- Rights you Grant the Company
- Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR CONTENTS OF YOUR CREDIT FILE, INCLUDING BUT NOT LIMITED TO, INFORMATION DELIVERED IN THE CREDIT REPORT AND/OR SCORE PRODUCTS. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
The Company cannot always foresee or anticipate technical or other difficulties which may result in failure to submit, obtain or loss of data, personalization settings or other service interruptions. The Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account information through the Services, in the manner prescribed in the associated instructions.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
- Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
- Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
- No Advice
By using the Services, you understand and acknowledge that any information Tillful provides to you is for informational purposes only and does not constitute financial, legal or other advice to you and should not be relied upon in that regard. In addition, Tillful does not promise or guarantee that the information provided to you will improve your credit score.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
- Contact Us
Please send your feedback, comments, requests for technical support: By email: firstname.lastname@example.org.