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Terms & Conditions
IMPROVIFI PLATFORM TERMS AND CONDITIONS
LENDER REFERRAL DISCLOSURE AND INDEMNIFICATION AGREEMENT
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE USING IMPROVIFI SERVICES. BY ACCESSING OR USING THE IMPROVIFI PLATFORM, ENROLLING AS A CONTRACTOR, APPLYING FOR FINANCING AS A CONSUMER, OR ACCEPTING ANY LENDER REFERRAL, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
ARTICLE 1: DEFINITIONS
1.1 “Improvifi” means Improvifi LLC, a limited liability company, including its owners, officers, managers, employees, contractors, agents, successors, and assigns.
1.2 “Platform” means all Improvifi technology, software, applications, websites, portals, tools, calculators, and systems including but not limited to the Improvifi mobile application, web portal, Advisor AI, Consumer Portal, and all related services.
1.3 “Client” or “You” means any individual or entity accessing or using the Platform, including contractors, merchants, businesses, consumers, borrowers, and applicants.
1.4 “Contractor Client” means any business entity, individual contractor, merchant, dealer, or trade professional enrolled with Improvifi to access financing programs for their customers.
1.5 “Consumer Client” means any individual homeowner, borrower, or applicant seeking financing for home improvement, repairs, purchases, or related services through the Platform, whether through a contractor or directly through Improvifi’s consumer portal.
1.6 “Lender” or “Lending Partner” means any independent third party financial institution, bank, credit union, finance company, or lending entity made available or referred through the Platform.
1.7 “Secured Loan” means any loan product secured by real property, including but not limited to home equity loans, home equity lines of credit (HELOCs), or mortgage products.
1.8 “Unsecured Loan” means any loan product not secured by collateral, including personal loans and consumer credit products.
1.9 “Services” means all training, support, technology access, lender referrals, platform tools, educational content, and related offerings provided by Improvifi.
ARTICLE 2: SCOPE OF APPLICABILITY
2.1 Universal Application. These Terms apply to all Clients regardless of role, including but not limited to:
(a) Contractors enrolled in Improvifi programs
(b) Consumers applying for financing through contractors
(c) Consumers applying directly through Improvifi’s consumer portal
(d) Any person or entity accessing the Platform or Services
2.2 Role Specific Provisions. Articles 6 and 7 contain additional provisions specific to Contractor Clients and Consumer Clients respectively. All other Articles apply universally.
2.3 Acceptance. Acceptance of these Terms may occur through: (a) electronic acceptance during enrollment or application, (b) physical signature on this document, (c) use of the Platform or Services, or (d) submission of any financing application or request through Improvifi.
ARTICLE 3: IMPROVIFI’S ROLE AND LIMITATIONS
3.1 Technology Platform and Service Provider. Improvifi operates exclusively as a technology platform provider and training and support services company. Improvifi facilitates connections and referrals between Clients and independent Lending Partners.
3.2 Not a Lender. Improvifi is not a lender, creditor, finance company, or lending institution. Improvifi does not:
(a) Originate loans
(b) Make credit decisions or underwriting determinations
(c) Fund loans or extend credit
(d) Set interest rates, fees, or loan terms
(e) Service loans or collect payments
(f) Hold any lending licenses or registrations
3.3 Not a Broker or Advisor. Improvifi does not act as a mortgage broker, loan broker, financial advisor, investment advisor, legal advisor, tax advisor, or fiduciary. Improvifi does not provide professional advice of any kind.
3.4 No Agency Relationship. No agency, partnership, joint venture, employment, or fiduciary relationship exists between Improvifi and any Client or any Lender.
3.5 Information and Education Only. All training materials, scripts, calculators, payment illustrations, marketing templates, educational content, and platform tools are provided for general informational and educational purposes only. Such content does not constitute professional advice and is not tailored to any specific transaction or individual circumstance.
ARTICLE 4: INDEPENDENT LENDER STATUS
4.1 Third Party Independence. All Lending Partners are independent third party financial institutions that are not owned, controlled, directed, employed by, or affiliated with Improvifi.
4.2 Lender Autonomy. Each Lending Partner independently:
(a) Establishes its own underwriting guidelines and credit policies
(b) Makes all credit decisions including approvals and denials
(c) Determines all loan terms including rates, fees, and repayment schedules
(d) Provides its own disclosures, agreements, and legal documents
(e) Services its own loans and manages borrower relationships
(f) Handles all collections, defaults, and account management
(g) Maintains its own regulatory compliance and licensing
4.3 Direct Contractual Relationship. Any loan agreement, credit agreement, or financing transaction exists solely and exclusively between Client and the applicable Lender. Improvifi is not a party to any such agreement and has no obligations thereunder.
4.4 Lender Program Changes. Lenders may modify, suspend, or terminate their programs, rates, terms, eligibility requirements, or availability at any time without notice to Improvifi or Client.
ARTICLE 5: NO ENDORSEMENT, REPRESENTATION, OR GUARANTEE
5.1 No Endorsement. The availability of a Lending Partner through the Platform does not constitute an endorsement, recommendation, certification, or guarantee by Improvifi regarding that Lender or its products.
5.2 No Representations or Warranties. Improvifi makes no representation or warranty of any kind, whether express, implied, statutory, or otherwise, regarding:
(a) Loan approval or denial
(b) Creditworthiness or credit scores
(c) Interest rates, fees, or loan costs
(d) Loan terms or repayment schedules
(e) Funding timelines or disbursement
(f) Lender reliability, solvency, or business practices
(g) Program availability or ongoing access
(h) Suitability of any loan product for Client’s needs
(i) Accuracy of payment illustrations or calculations
(j) Outcomes of any financing transaction
5.3 As Is Provision. All Services and Platform functionality are provided “AS IS” and “AS AVAILABLE” without warranties of any kind to the fullest extent permitted by law. Improvifi disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.4 No Guarantee of Results. Improvifi does not guarantee that any Client will be approved for financing, receive favorable terms, close more sales, increase revenue, or achieve any particular business or financial outcome.
ARTICLE 6: CONTRACTOR CLIENT SPECIFIC PROVISIONS
6.1 Application. This Article applies to all Contractor Clients including businesses, individual contractors, merchants, dealers, and trade professionals using the Platform to offer financing to their customers.
6.2 Contractor Representations and Warranties. Contractor Client represents, warrants, and covenants that:
(a) Contractor Client will present financing options truthfully, accurately, and in compliance with all applicable laws
(b) Contractor Client will not misrepresent loan approvals, interest rates, terms, or monthly payments
(c) Contractor Client will not guarantee loan approval to any consumer
(d) Contractor Client will follow all Lender program rules and dealer/merchant agreements
(e) Contractor Client will comply with all federal and state consumer protection laws including but not limited to Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), state contractor licensing laws, and advertising regulations
(f) Contractor Client will provide required consumer disclosures
(g) Contractor Client will not represent Improvifi as a lender or creditor
(h) Contractor Client will not use the Platform for unlawful, fraudulent, or deceptive purposes
(i) Contractor Client holds all required business licenses and insurance
(j) Contractor Client will handle consumer data securely and in compliance with privacy laws
6.3 Dealer and Merchant Agreements. Any dealer agreement, merchant agreement, contractor program agreement, or similar arrangement is strictly between Contractor Client and the applicable Lender. Improvifi is not a party to such agreements.
6.4 Dealer Fees and Compensation. All matters regarding dealer fees, merchant compensation, chargebacks, clawbacks, holdbacks, reserves, funding timing, payment disputes, program modifications, or termination are exclusively between Contractor Client and Lender. Improvifi has no responsibility, liability, or involvement in dealer compensation arrangements.
6.5 Sales Conduct Responsibility. Contractor Client is solely responsible for all aspects of its sales process, customer interactions, pricing, project execution, workmanship, warranties, and customer service. Improvifi is not liable for any aspect of Contractor Client’s business operations or customer relationships.
6.6 No Interference with Consumer Rights. Contractor Client will not interfere with, discourage, or prevent any consumer from exercising their rights including but not limited to the right to shop for financing, compare offers, cancel transactions within applicable rescission periods, or file complaints.
ARTICLE 7: CONSUMER CLIENT SPECIFIC PROVISIONS
7.1 Application. This Article applies to all Consumer Clients including homeowners, borrowers, and applicants seeking financing through the Platform whether through a contractor or directly through Improvifi’s consumer portal or secured loan options.
7.2 Consumer Acknowledgments. Consumer Client acknowledges and agrees that:
(a) Financing is optional and voluntary; Consumer Client is not required to use any particular lender or accept any particular loan offer
(b) Consumer Client is responsible for comparing financing options and shopping for the best terms
(c) Consumer Client is entering into a direct relationship with the Lender, not with Improvifi
(d) Improvifi is not the lender, creditor, or loan servicer
(e) Improvifi is not acting as Consumer Client’s agent, advisor, or representative
(f) Consumer Client should read and understand all Lender disclosures before accepting any loan
(g) Consumer Client should consult independent financial, legal, or tax advisors before making financing decisions
(h) Consumer Client is responsible for determining whether any loan product is suitable and affordable
7.3 Secured Loan Specific Acknowledgments. For secured loan products including home equity loans, HELOCs, and mortgage products, Consumer Client acknowledges:
(a) The loan will be secured by Consumer Client’s home or other real property
(b) Failure to repay could result in foreclosure and loss of the property
(c) Closing costs, appraisal fees, and other charges may apply
(d) Consumer Client should carefully consider alternatives before pledging their home as collateral
(e) Consumer Client should review all loan documents including the mortgage, deed of trust, promissory note, and closing disclosure
(f) Improvifi is not providing mortgage advice or real estate counseling
7.4 Direct to Consumer Portal Use. When using Improvifi’s direct to consumer portal, Consumer Client acknowledges:
(a) Improvifi is facilitating access to multiple Lenders
(b) Submission of information may result in multiple credit inquiries
(c) Pre-qualification or pre-approval is not a loan commitment
(d) Final loan terms are determined by the Lender based on underwriting
(e) Consumer Clients may be contacted by multiple Lenders
7.5 Right to Reject and Shop. Consumer Client has the absolute right to reject any loan offer, discontinue any application, shop with other lenders, and compare all available options. Improvifi encourages Consumer Clients to obtain multiple quotes before making a financing decision.
7.6 Credit Impact Notice. Loan applications may result in credit inquiries which may impact the Consumer Client’s credit score. Multiple inquiries for the same type of loan within a short period are typically treated as a single inquiry for credit scoring purposes, but Consumer Clients should verify this with credit bureaus.
ARTICLE 8: LENDER DISCLOSURES GOVERN
8.1 Lender Documentation Controls. Each Lender provides its own loan agreements, promissory notes, credit agreements, disclosures, truth in lending statements, privacy notices, and other legal documents. These Lender documents exclusively and comprehensively govern the financing relationship between Client and Lender.
8.2 Client Responsibility to Review. Client is solely responsible for reading, understanding, and accepting all Lender provided documents before entering into any financing agreement. Client should not sign or accept any document they do not understand.
8.3 Improvifi Not Responsible for Lender Documents. Improvifi is not responsible for:
(a) The content, accuracy, completeness, or legal sufficiency of any Lender disclosure or agreement
(b) Lender compliance with TILA, ECOA, FCRA, state lending laws, or other regulations
(c) Lender disclosure of all fees, charges, or loan costs
(d) Lender privacy practices or data security
(e) Any misrepresentation or omission by any Lender
ARTICLE 9: NO RELIANCE AND INDEPENDENT JUDGMENT
9.1 Informational Content Only. Client agrees that all information, training, educational content, scripts, calculators, payment illustrations, examples, and materials provided by Improvifi are for general informational purposes only and are not advice, recommendations, or guarantees.
9.2 No Reliance on Improvifi. Client agrees not to rely on Improvifi for financial advice, legal advice, tax advice, lending guidance, credit counseling, or compliance advice. Client confirms that all financing decisions and business decisions are made based solely on Client’s own independent judgment.
9.3 Professional Consultation. Improvifi strongly encourages clients to consult with independent financial advisors, attorneys, accountants, and other qualified professionals before making any significant financing or business decision.
9.4 Calculator and Tool Limitations. All calculators, payment estimators, and financial tools provided through the Platform are illustrative only and may not reflect actual loan terms, fees, or payments. Actual terms are determined exclusively by the Lender.
ARTICLE 10: COMPLIANCE RESPONSIBILITY
10.1 Lender Compliance. Each Lender is solely and exclusively responsible for its own compliance with all applicable federal, state, and local laws and regulations including but not limited to:
(a) Truth in Lending Act (TILA) and Regulation Z
(b) Equal Credit Opportunity Act (ECOA) and Regulation B
(c) Fair Credit Reporting Act (FCRA)
(d) Real Estate Settlement Procedures Act (RESPA)
(e) Home Mortgage Disclosure Act (HMDA)
(f) State lending licenses and registrations
(g) State and federal consumer protection laws
(h) Anti-discrimination laws
(i) Privacy laws including GLBA and state privacy statutes
(j) Unfair, deceptive, or abusive acts or practices (UDAAP) regulations
10.2 Contractor Compliance. Contractor Client is solely responsible for its own compliance with all applicable laws including contractor licensing, consumer protection, advertising, fair lending, and privacy laws.
10.3 No Improvifi Compliance Obligation. Improvifi has no obligation to monitor, audit, or ensure Lender or Contractor Client compliance. Client agrees that Improvifi is not liable for regulatory violations by any Lender, Contractor Client, or Consumer Client.
ARTICLE 11: LIMITATION OF LIABILITY
11.1 Maximum Limitation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPROVIFI OR ITS OWNERS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE PLATFORM, SERVICES, LENDER REFERRALS, OR ANY FINANCING TRANSACTION.
11.2 Types of Damages Excluded. The limitation in Section 11.1 applies to all forms of damages including but not limited to:
(a) Direct, indirect, incidental, consequential, special, exemplary, or punitive damages
(b) Loss of profits, revenue, business, or contracts
(c) Loss of data or information
(d) Cost of substitute services
(e) Business interruption
(f) Economic loss of any kind
(g) Statutory damages
(h) Any other pecuniary or non-pecuniary loss
11.3 Specific Non-Liability. Without limiting the generality of Sections 11.1 and 11.2, Improvifi is specifically not liable for:
(a) Loan denials, approvals, or credit decisions
(b) Interest rates, fees, dealer fees, or loan costs
(c) Changes in loan terms or program availability
(d) Funding delays, disbursement timing, or payment processing
(e) Lender servicing errors or account management
(f) Credit reporting, credit score impacts, or credit bureau disputes
(g) Collections activity, default, or foreclosure
(h) Lender misconduct, fraud, or misrepresentation
(i) Disputes between Contractor Client and Consumer Client
(j) Disputes between Client and Lender
(k) Chargebacks, clawbacks, dealer fee disputes, or compensation issues
(l) Platform errors, downtime, or technical malfunctions
(m) Data breaches or unauthorized access by third parties
(n) Inaccuracy of information provided by Client or third parties
(o) Any other matter arising from use of Services or financing transactions
11.4 Basis of Liability Irrelevant. The limitations in this Article apply regardless of the legal theory upon which any claim is based including contract, tort, negligence, gross negligence, strict liability, breach of warranty, misrepresentation, or any other theory.
11.5 Aggregate Liability Cap. If any liability of Improvifi is found to exist notwithstanding the foregoing limitations, the maximum aggregate liability of Improvifi for all claims arising from or related to Client’s use of Services shall not exceed the total fees actually paid by Client directly to Improvifi (not to any Lender) during the twelve (12) months immediately preceding the event giving rise to liability, or One Hundred Dollars ($100), whichever is greater.
11.6 Fundamental Basis of Bargain. Client acknowledges that the limitations in this Article are fundamental elements of the basis of the bargain between Improvifi and Client and that Improvifi would not provide Services without these limitations.
ARTICLE 12: INDEMNIFICATION
12.1 Indemnification by All Clients. Client agrees to indemnify, defend, and hold harmless Improvifi and its owners, officers, managers, members, employees, contractors, agents, affiliates, successors, and assigns (collectively, “Improvifi Indemnified Parties”) from and against any and all third party claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
(a) Client’s use or misuse of the Platform or Services
(b) Any financing transaction or loan agreement between Client and any Lender
(c) Any relationship between Client and any Lender
(d) Any dispute between Client and any Lender
(e) Any dispute between Contractor Client and Consumer Client
(f) Any breach of these Terms by Client
(g) Client’s violation of any applicable law or regulation
(h) Client misrepresentations regarding financing or loan terms
(i) Contractor Client’s sales practices, workmanship, or business operations
(j) Consumer Client’s failure to repay any loan
(k) Any allegation that Improvifi is responsible for Client’s conduct or obligations
(l) Any claim that Improvifi acted as a lender, broker, or advisor
(m) Client’s breach of confidentiality or misuse of information
(n) Third party intellectual property claims related to Client’s use
(o) Any other matter arising from Client’s actions or omissions
12.2 Additional Contractor Indemnification. In addition to Section 12.1, Contractor Client agrees to indemnify Improvifi Indemnified Parties for claims arising from:
(a) Marketing or advertising of financing by Contractor Client
(b) Presentation of loan terms or payment amounts to consumers
(c) Guarantees or promises made by Contractor Client regarding financing
(d) Dealer fee structures or compensation arrangements
(e) Compliance violations by Contractor Client
(f) Contractor Client’s relationships with customers and subcontractors
12.3 Defense Obligation. Client’s obligations under this Article include the duty to defend Improvifi Indemnified Parties against any covered claim using counsel acceptable to Improvifi, and to pay all defense costs as incurred.
12.4 Cooperation. Client will cooperate fully with Improvifi in the defense of any claim covered by this indemnification.
12.5 Survival. The indemnification obligations in this Article survive termination of Client’s relationship with Improvifi and continue indefinitely.
ARTICLE 13: DATA AND INFORMATION
13.1 Client Responsibility for Accuracy. Client is solely responsible for the accuracy, completeness, and truthfulness of all information submitted to Improvifi or to any Lender through the Platform. This includes personal information, financial information, project details, and all application data.
13.2 Consequences of Inaccuracy. Improvifi is not responsible for any consequences resulting from inaccurate, incomplete, or false information provided by Client including loan denials, fraud allegations, or legal liability.
13.3 Data Sharing. Client authorizes Improvifi to share information with Lenders and other service providers as necessary to facilitate financing transactions and provide Services.
13.4 No Data Verification. Improvifi does not verify, validate, or independently confirm information provided by Client or Lender.
ARTICLE 14: ACCESS AND TERMINATION
14.1 Right to Refuse or Terminate. Improvifi reserves the right, in its sole discretion, to deny, suspend, limit, or terminate Client’s access to the Platform or Services at any time for any reason or no reason without notice or liability. Reasons may include but are not limited to risk management, compliance concerns, suspicious activity, Terms violations, or business decisions.
14.2 Effect of Termination. Upon termination, Client’s right to use the Platform and Services immediately ceases. Termination does not relieve Client of obligations incurred prior to termination including indemnification and payment obligations.
14.3 Survival. Articles 11 (Limitation of Liability), 12 (Indemnification), 15 (Dispute Resolution), and any other provisions that by their nature should survive termination shall survive indefinitely.
ARTICLE 15: DISPUTE RESOLUTION
15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
15.2 Exclusive Venue. Any litigation arising out of or related to these Terms must be brought exclusively in the state or federal courts located in [Insert County, State]. Client irrevocably consents and submits to the personal jurisdiction and venue of such courts.
15.3 Binding Arbitration. [Optional – Include if desired]
At Improvifi’s sole election, any dispute, claim, or controversy arising out of or related to these Terms or the Services may be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees unless otherwise awarded by the arbitrator.
15.4 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, OR THE SERVICES.
15.5 Class Action Waiver. [Optional – Include if desired]
CLIENT AGREES THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. CLIENT WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST IMPROVIFI.
15.6 Limitation Period. Any claim arising out of or related to these Terms or the Services must be commenced within one (1) year after the claim accrues or be forever barred.
ARTICLE 16: GENERAL PROVISIONS
16.1 Modifications. Improvifi reserves the right to modify, amend, or update these Terms at any time. Modifications will be effective upon posting to the Platform or notification to Client. Client’s continued use of the Platform or Services after modification constitutes acceptance of the modified Terms.
16.2 Entire Agreement. These Terms, together with any Lender agreements and any separate enrollment or service agreements signed by Client, constitute the entire agreement between Client and Improvifi regarding the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings.
16.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
16.4 No Waiver. No waiver by Improvifi of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default. Failure to enforce any provision does not constitute waiver of that provision.
16.5 Assignment. Client may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without Improvifi’s prior written consent. Improvifi may assign these Terms at any time without notice. These Terms bind and benefit the parties and their permitted successors and assigns.
16.6 Force Majeure. Improvifi is not liable for any failure or delay in performance due to causes beyond its reasonable control including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third party service interruptions.
16.7 Headings. Article and section headings are for convenience only and do not affect interpretation of these Terms.
16.8 Interpretation. These Terms shall be interpreted fairly and not construed strictly for or against either party.
16.9 Electronic Communications. Client consents to receive communications from Improvifi electronically including via email, Platform notifications, or posting to the Platform. Electronic communications satisfy any legal requirement that communications be in writing.
16.10 No Third Party Beneficiaries. These Terms do not and are not intended to create any third party beneficiary rights.
16.11 Language. These Terms are drafted in English, which shall be the controlling language in all respects. Any translation is provided for convenience only.
ARTICLE 17: ACKNOWLEDGMENT AND SIGNATURE
By signing below or electronically accepting these Terms through the Platform, Client acknowledges and agrees:
✓ Client has read, understood, and agrees to be bound by all terms and conditions contained herein
✓ Client has had the opportunity to consult with legal counsel, financial advisors, and other professionals regarding these Terms and any financing decisions
✓ Client understands that Improvifi is not a lender and is not responsible for any aspect of the financing relationship between Client and any Lender
✓ Client understands that each Lender provides its own disclosures and agreements which govern the loan relationship
✓ Client accepts all limitations of liability and indemnification obligations set forth herein