Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Applicant,” or “you”) and Astor Funding LLC (“Astor Funding,” “we,” “us,” or “our”), a Florida limited liability company located at 66 W Flagler St, 9th Floor, Miami, FL 33130.

These Terms govern your use of our website, online application, and any related services. They do not constitute or replace the terms of any specific Merchant Cash Advance agreement, which will be provided separately upon approval.

Our Services

Astor Funding LLC provides Merchant Cash Advance (MCA) products to eligible business owners in the United States. An MCA is a purchase of a portion of a business’s future receivables — it is not a loan and is not regulated as one. We are not a bank, credit union, or licensed lender.

Our website serves as an informational resource and an application portal. Submission of an application does not guarantee an offer of funding, and any offer is subject to underwriting approval and the execution of a separate MCA agreement.

We also operate an ISO Partner Program through which independent sales organizations and brokers may refer applicants to us in exchange for commissions. ISO Partner relationships are governed by separate ISO agreements.

Eligibility

To use our services and submit an application, you must:

• Be at least 18 years of age
• Be a duly authorized owner, officer, or representative of a legally registered United States business entity
• Have authority to bind the business to financial agreements
• Operate a business that has been generating revenue for at least 6 months
• Agree to all terms set forth herein

By submitting an application, you represent that you meet all eligibility requirements. We reserve the right to deny any application at our sole discretion.

Application Process

By submitting an application or inquiry through our website, you:

• Authorize Astor Funding to contact you by phone, email, or text message, including via automated systems, at the number and email address provided
• Authorize us to obtain credit reports, business data, and other information necessary for underwriting
• Acknowledge that submission of an application does not obligate you or us to enter into any agreement
• Represent that all information provided is accurate, complete, and truthful

Nature of Merchant Cash Advances

A Merchant Cash Advance is a commercial transaction in which Astor Funding purchases a specified amount of your future business receivables at a discount. It is not a loan. Key characteristics include:

• MCAs are not subject to state usury laws or federal lending regulations applicable to consumer or commercial loans
• The cost of an MCA is expressed as a factor rate, not an annual percentage rate (APR)
• Repayment is structured as fixed daily or weekly ACH remittances agreed upon in your MCA agreement
• You are selling future receivables, not borrowing money
• MCAs may be more expensive than traditional financing — you are encouraged to compare all available options and seek independent financial or legal advice before proceeding

The specific terms of any MCA — including the funded amount, factor rate, remittance amount, and term — will be set forth in a separate MCA agreement which you will have the opportunity to review before signing.

Your Representations & Warranties

By using our services, you represent and warrant that:

• All information provided to us is true, accurate, current, and complete
• You have full legal authority to enter into agreements on behalf of your business
• Your business is validly formed and in good standing under applicable law
• You will promptly notify us of any material changes to your business or financial condition
• You are not currently subject to any bankruptcy proceedings, liens, or judgments that would materially affect your ability to perform under any MCA agreement
• You will not use any funded amounts for personal, household, or consumer purposes

Acceptable Website Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the site in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to any part of the site or our systems
• Transmit any unsolicited or unauthorized advertising or promotional material
• Introduce any viruses, malware, or other harmful code
• Scrape, harvest, or collect data from the site without our express written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the site

We reserve the right to terminate your access to the site at any time for any violation of these Terms.

Intellectual Property

All content on this website — including text, graphics, logos, images, and software — is the property of Astor Funding LLC or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

The Astor Funding name, logo, and all related marks are trademarks of Astor Funding LLC. Unauthorized use of our trademarks is strictly prohibited.

Disclaimers

Nothing on this website constitutes legal, financial, tax, or investment advice. We strongly encourage all applicants to consult with independent legal and financial advisors before entering into any MCA agreement.

Stated timeframes (e.g., “decision in 30 minutes,” “funds in 24 hours”) represent typical scenarios only and are not guaranteed. Actual timelines vary based on individual circumstances.

Approval is not guaranteed. All applications are subject to underwriting review and we reserve the right to decline any application at our sole discretion without providing a reason.

Limitation of Liability

To the fullest extent permitted by applicable law, Astor Funding LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, or business opportunities — arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising under these Terms shall not exceed the total amount of fees paid by you to Astor Funding in the twelve (12) months preceding the claim, or $500, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Astor Funding LLC and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any misrepresentation made by you in connection with an application
• Any third-party claims related to your business or your use of any funded amounts

Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or any services provided by Astor Funding LLC shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court.

The arbitration shall take place in Miami-Dade County, Florida. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Astor Funding individually. You waive your right to participate in class action lawsuits or class-wide arbitration.

Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions that qualify may be brought without arbitration.

Governing Law & Jurisdiction

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 provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

Changes to These Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Your continued use of our website or services following the posting of changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Material changes to these Terms will be communicated to active account holders via email where reasonably practicable.

Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@astorfunding.com
• Phone: 866-930-4099
• Mail: Astor Funding LLC, 66 W Flagler St, 9th Floor, Miami, FL 33130