TERMS OF SERVICE
Eieyani Capital Associates (ECA)
Effective Date: August 10, 2026 | Last Updated: August 10, 2026
These Terms of Service (“Terms”) govern your access to and use of the website operated by Eieyani Capital Associates (“ECA,” “we,” “us,” or “our”), including any content, intake forms, or materials made available through the site (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. About ECA
ECA is an independent commercial finance intermediary and broker. ECA identifies, packages, and presents commercial financing opportunities to private capital sources on behalf of its clients. ECA is not a bank, lender, credit union, or direct funder, and does not originate, underwrite, fund, or guarantee any loan or financing arrangement. All lending decisions are made solely by the applicable capital source.
2. Use of the Site
2.1 The Site is intended for use by commercial business owners and operators seeking to explore financing options for their businesses. The Site is not intended for use by individuals seeking personal, consumer, or residential financing.
2.2 You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Site in any way that violates applicable law or regulation; (b) submit false, inaccurate, or misleading information through any intake form or communication; (c) attempt to gain unauthorized access to any part of the Site or its infrastructure; or (d) use the Site in any manner that could damage, disable, or impair its functionality.
3. Intake Form Submissions
3.1 The Site may include or link to a preliminary intake form through which commercial business owners may submit basic financial and business information, including gross revenue, EBITDA estimates, debt totals, and contact details, for the purpose of preliminary deal evaluation and DSCR/leverage testing by ECA.
3.2 Submitting information through the intake form does not constitute: (a) a formal loan application; (b) a hard credit inquiry or credit pull of any kind; (c) a binding offer or commitment to provide financing; (d) an engagement of ECA’s brokerage services; or (e) any obligation on the part of ECA, any lender, or any capital source.
3.3 Intake form data is used by ECA solely for preliminary internal evaluation purposes. Receipt and review of a submission does not guarantee that ECA will contact you, engage with your inquiry, or present your opportunity to any capital source. ECA reserves the right to decline any inquiry at its sole discretion.
3.4 Any engagement of ECA’s brokerage services is subject to a separate, written Broker Representation Agreement signed by both parties. No brokerage relationship is created by using the Site or submitting the intake form.
4. No Financial, Legal, or Investment Advice
Nothing on the Site, including any content, articles, reports, or tools, constitutes financial, investment, legal, tax, or accounting advice. ECA is a commercial finance broker, not a licensed financial advisor, investment advisor, attorney, or accountant. All content is provided for general informational purposes only. You should seek independent professional advice before making any financial or legal decision.
5. No Guarantee of Financing
ECA does not guarantee that any financing will be offered, approved, or funded as a result of using the Site or engaging ECA’s services. Financing outcomes depend on numerous factors outside ECA’s control, including the quality of the underlying opportunity, borrower creditworthiness, capital source appetite, and prevailing market conditions.
6. Intellectual Property
All content on the Site, including text, reports, graphics, logos, and materials, is the property of ECA or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without ECA’s prior written consent. Nothing on the Site grants you any license or right to use ECA’s intellectual property.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ECA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. ECA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ANY CONTENT OR MATERIALS THEREON, OR ANY FINANCING OUTCOME, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER ECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ECA’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO ECA IN THE THREE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
9. Third-Party Links
The Site may contain links to third-party websites or services, including but not limited to Google Forms used for intake submissions. These links are provided for convenience only. ECA is not responsible for the content, privacy practices, or accuracy of any third-party site, and the inclusion of a link does not constitute an endorsement.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved in the state or federal courts located in New Castle County, Delaware.
11. Changes to These Terms
ECA reserves the right to update or modify these Terms at any time. Updated Terms will be posted to this page with a revised effective date. Your continued use of the Site following any update constitutes acceptance of the revised Terms.
12. Contact
If you have questions about these Terms, please contact:
Eieyani Capital Associates