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Terms of Service

Last updated: April 14, 2026
These Terms of Service ("Terms") govern your access to and use of the website, application portal, and services provided by Apex Advance Holdings ("Apex Advance," "we," "our," or "us"). By accessing or using our services, you agree to these Terms.

1. Nature of Services

Apex Advance Holdings provides business funding solutions, including working capital advances and related commercial financing products. We are not a bank, and our products are not consumer loans. Our services are offered solely to businesses operating in the United States.

2. Eligibility

To apply for funding, you must:

3. Application and Approval

Submitting an application does not guarantee approval or funding. All applications are subject to underwriting review, verification of information, and satisfaction of our funding partners' criteria. We reserve the right to decline any application for any lawful reason, or no reason.

4. No Loan Commitment

Nothing on our website, in any marketing communication, or in any pre-approval notice constitutes a binding commitment to fund. A binding obligation arises only upon execution of a written funding agreement by both parties.

5. Fees and Costs

Pricing, fees, factor rates, and repayment terms are determined on a per-transaction basis and will be disclosed in writing in the applicable funding agreement. You are responsible for all fees, costs, and expenses set forth in your executed agreement, including any origination, servicing, ACH return, late, or legal collection fees.

6. Repayment and Collections

You agree to authorize ACH debits or other repayment mechanisms set forth in your funding agreement. Failure to remit scheduled payments may result in default, acceleration, reporting to commercial credit bureaus, and collection action, including referral to third-party collections or litigation.

7. Accuracy of Information

You represent and warrant that all information you provide in connection with your application and ongoing servicing is true, accurate, and not misleading. Submission of false or fraudulent information may constitute a criminal offense and will result in immediate termination of services.

8. Authorization to Verify

By submitting an application, you authorize Apex Advance Holdings and our funding partners to obtain and verify credit, banking, and background information, including consumer credit reports, commercial credit reports, bank account activity, and public records.

9. Electronic Signatures and Communications

You consent to the use of electronic signatures and to receive communications, disclosures, notices, and agreements electronically. Electronic signatures have the same legal effect as handwritten signatures under the E-SIGN Act and equivalent state laws.

10. Intellectual Property

All content on this website, including text, graphics, logos, the Apex Advance Holdings name, mark, and design, is the property of Apex Advance Holdings or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, or distribute our content without prior written consent.

11. Acceptable Use

You agree not to:

12. Third-Party Services

Our website may link to or integrate with third-party services. We are not responsible for the content, policies, or practices of any third party. Use of third-party services is at your own risk and subject to their terms.

13. Disclaimers

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Apex Advance Holdings disclaims all warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or secure.

14. Limitation of Liability

To the maximum extent permitted by law, Apex Advance Holdings, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, even if advised of the possibility of such damages. Our aggregate liability for any claim will not exceed the fees paid by you to us in the twelve months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless Apex Advance Holdings and its affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of our services, or your violation of any law or third-party right.

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or our services will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction and venue of those courts.

17. Arbitration and Class Waiver

Except for claims for injunctive relief, any dispute between you and Apex Advance Holdings will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You and Apex Advance Holdings waive the right to a jury trial and to participate in class or representative actions.

18. Termination

We may suspend or terminate your access to our services at any time, with or without notice, if we believe you have violated these Terms or for any other lawful reason. Termination does not relieve you of obligations incurred before termination, including repayment obligations under any funding agreement.

19. Changes to These Terms

We may update these Terms from time to time. The updated version will be effective upon posting, indicated by a revised "Last updated" date. Your continued use of our services after an update constitutes acceptance of the revised Terms.

20. Contact

Apex Advance Holdings
Email: kevin@apexadvanceholdings.com
Phone: +1 (929) 659-7614
New York, NY

These Terms of Service are provided for informational purposes and do not constitute legal advice. You should consult with your own counsel regarding your specific obligations and rights.