Terms of Service - Emerald Capital Holdings

Welcome to Emerald Capital Holdings, INC. ("we," "our," or "us"). By accessing our website or using our services, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use our services.

2. Services Description

Emerald Capital Holdings, INC. is a direct lending institution that provides business funding solutions, including working capital, revenue-based financing, business term loans, secured business lending, and related financial products. As a direct lender, all underwriting and funding decisions are made in-house. Specific loan terms, rates, repayment schedules, and fees are outlined in individual loan and funding agreements.

3. Loan & Funding Agreements

All direct lending and financial services are subject to a written loan or funding agreement that outlines:

Loan amount and funding terms
Repayment schedule and frequency
Interest rates, factor rates, or fees
Collateral requirements (if applicable)
Default and prepayment provisions
Termination and early payoff conditions

4. Repayment Terms

Repayment terms are specified in individual loan and funding agreements. Generally:

Repayment schedules may be daily, weekly, or monthly depending on the product
Payments are due per the schedule outlined in the funding agreement
Early repayment options may be available; see your individual agreement
Late or missed payments may incur additional fees or default provisions

SMS Text Messaging Terms

If you provide express written consent to receive SMS text messages from Emerald Capital Holdings, the following terms apply:

Consent Required: You must provide explicit opt-in consent before we send you text messages
Not a Condition of Purchase: Consent to receive SMS messages is NOT a condition of purchasing any goods or services from us
Message Types: We may send inquiry responses, project updates, appointment reminders, and service information
Message Frequency: Message frequency may vary depending on your interaction with us
Carrier Charges: Message and data rates may apply from your mobile carrier. We are not responsible for carrier charges
Automatic Dialing: Messages may be sent using an automatic telephone dialing system (ATDS)
Opt-Out: You may opt out at any time by replying STOP to any message. You will receive a confirmation message, and no further messages will be sent unless you opt in again
Help: Reply HELP for assistance or email us at matt@emeraldcapital-holdings.com

We respect your privacy and will only use your mobile number as described in our Privacy Policy.

5. Representations and Warranties

By applying for and accepting funding from Emerald Capital Holdings, INC., you represent and warrant that:

You are authorized to apply for and accept funding on behalf of your business
All information provided in your application is accurate and complete
Your business is legally organized and in good standing
You will use the funds for lawful business purposes only
You will notify us promptly of any material changes to your business

6. Borrower Responsibilities

Borrowers agree to:

Provide accurate and complete information during the application process
Make all scheduled payments in a timely manner
Maintain adequate business operations and revenue
Notify Emerald Capital Holdings of any material adverse changes to your business
Comply with all applicable laws and regulations

7. Modifications to Loan Terms

Any modifications to the terms of an existing loan or funding agreement must be agreed upon in writing by both parties. Emerald Capital Holdings reserves the right to adjust terms in response to material changes in the borrower’s financial condition or as otherwise permitted by the funding agreement.

8. Default and Remedies

In the event of default, as defined in your individual funding agreement, Emerald Capital Holdings may exercise all rights and remedies available under the agreement and applicable law. We reserve the right to accelerate repayment, report to credit bureaus, or pursue collection actions as permitted.

9. Limitation of Liability

To the maximum extent permitted by law, Emerald Capital Holdings shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services. Our total liability shall not exceed the amount paid for the specific service in question.

10. Indemnification

Clients agree to indemnify and hold harmless Emerald Capital Holdings from any claims, damages, or expenses arising from their use of our services or breach of these terms.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the business relationship, except as required by law or with written consent.

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, pandemics, government actions, or equipment failures.

13. Governing Law

These Terms of Service are governed by the laws of the State of New York. Any disputes shall be resolved in the courts of New York.

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time. The "Last Updated" date indicates when changes were last made. Continued use of our services after changes constitutes acceptance of the updated terms.

15. Contact Information

For questions about these Terms of Service, please contact us at:

Emerald Capital Holdings, INC.
2083 Coney Island Avenue
Brooklyn, NY 11223
Email: matt@emeraldcapital-holdings.com

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between you and Emerald Capital Holdings regarding the use of our services.