Indemnity and Release Agreement
Important Notice: FundingLinQ requires users to acknowledge and agree to this Indemnity and Release Agreement before accessing the platform. This document combines all protections into a single, enforceable instrument that users digitally sign or affirm during registration.
1. Agreement to No Fiduciary Duty
User acknowledges that FundingLinQ acts solely as a neutral technology platform facilitating introductions between Borrowers and Lenders.
FundingLinQ is NOT a fiduciary, agent, advisor, broker, or representative of any User, and hereby disclaims all fiduciary duties, including:
- Duty of loyalty
- Duty of care
- Suitability assessments
Users must independently:
- Evaluate all opportunities presented through the platform
- Consult with qualified professionals (legal, financial, tax advisors)
- Bear all risks associated with matches, transactions, or non-performance
2. Liability Waiver and Disclaimers
The platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to:
- Match success or quality
- Funding approvals or outcomes
- Uninterrupted or error-free service
- Accuracy of user-provided information
FundingLinQ has no liability for:
- User decisions based on platform information
- Third-party actions or conduct
- Disputes between users
- Any losses arising from platform use
3. Limitation of Damages
FundingLinQ shall have NO LIABILITY to any User for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including:
- Lost profits
- Lost revenue
- Lost data
- Lost opportunities
arising from platform use, matches, or non-matches. Users waive all claims against FundingLinQ regardless of cause.
4. Indemnification Obligations
Users agree to indemnify, defend, and hold harmless FundingLinQ, its affiliates, officers, directors, employees, and agents from all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:
- User content or conduct on the platform
- Interactions with matches
- Breaches of this Agreement or any platform terms
- Violations of applicable law
This obligation survives termination of the user's account.
5. Fees and Subscription Terms
Access to FundingLinQ is free until March 31, 2026, after which subscription fees may apply.
Fee Policy:
- All fees are earned upon receipt
- Fees are non-refundable and non-pro-rata
- No refunds will be provided regardless of matches, usage, or outcomes
- No refunds for cancellations, dissatisfaction, or non-performance
Detailed billing terms are provided separately but are incorporated herein by reference.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Barbados, without regard to its conflict of law provisions.
Any disputes arising under this Agreement shall be resolved in the courts of Barbados.
7. Acknowledgment and Electronic Signature
By registering for and using FundingLinQ, User affirms:
- Full understanding of these terms
- Voluntary assumption of all risks associated with platform use
- Agreement to electronic execution of this Agreement
This constitutes a binding contract between the User and FundingLinQ.
8. Contact
If you have questions about this Indemnity and Release Agreement, please contact us:
Iron 88 Group LLC
Email: [email protected]