Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Applicant,” “User,” or “you”) and LIL FISH LLC, a limited liability company organized under the laws of the State of New York, with its principal place of business at 55 Water Street, New York, NY (“LIL FISH,” “we,” “us,” or “our”). By accessing our website, submitting an application, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and SMS Terms, which are incorporated herein by reference.

If you do not agree to these Terms, do not access or use our website or services.

2. Eligibility Requirements

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

• Be at least 18 years of age;
• Be a resident of the United States or operate a legally registered U.S. business entity;
• Be legally authorized to act on behalf of and bind the business entity you represent;
• Provide accurate, current, and complete information in connection with any application;
• Not be barred from receiving our services under applicable law; and
• Have a business that has been operating for a minimum period as determined during the underwriting process.

By submitting an application, you represent and warrant that you meet all of the foregoing eligibility requirements.

3. Description of Services

LIL FISH LLC provides business funding consultation and facilitates access to business financing products, including but not limited to Term Loans, Lines of Credit, and Merchant Cash Advances. We serve as a facilitator and funding partner, connecting businesses with capital solutions ranging from $10,000 to $25,000,000. We are not a bank, and our products are not bank loans or regulated deposit products.

Funding decisions are based on overall business performance and revenue, among other underwriting criteria, and are not based solely on personal credit score. Same-day decisions and 24-48 hour funding timelines are typical but not guaranteed for all applicants.

4. Application Process and Authorization

By submitting an application through our website or through any other channel, you expressly authorize LIL FISH LLC and its funding partners to:

• Obtain consumer and/or business credit reports from one or more national credit reporting agencies;
• Request and review bank statements and financial records;
• Request and review merchant processing data and payment processing history;
• Verify your identity using public and private databases;
• Share your application information and supporting documents with third-party funding partners for the purpose of obtaining financing offers on your behalf; and
• Contact you via phone, email, or SMS regarding your application status, funding offers, and related communications.

Submission of an application does not constitute an offer or guarantee of financing. All applications are subject to approval based on our then-current underwriting guidelines.

5. Accuracy of Information

You agree to provide true, accurate, current, and complete information as prompted by any application form or other data collection mechanism. You further agree to update such information to keep it true, accurate, current, and complete. LIL FISH LLC reserves the right to deny, suspend, or terminate services to any applicant or client who provides false, inaccurate, incomplete, or misleading information.

Providing materially false information in connection with a business financing application may constitute fraud under applicable state and federal law and may result in civil and/or criminal liability.

6. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of LIL FISH LLC or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, create derivative works from, or publicly display any content from this site without our express written consent.

7. Prohibited Uses

You agree that you will not:

• Use our services for any unlawful purpose or in violation of any applicable law or regulation;
• Submit false or misleading information in any application or communication;
• Attempt to gain unauthorized access to any portion of our website or systems;
• Use automated scripts, bots, crawlers, or scrapers to access our website;
• Transmit viruses, malware, or any code of a destructive nature;
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website; or
• Use our name, logo, or branding without prior written authorization.

8. Communications and Marketing

By providing your contact information and submitting an application, you consent to receive communications from LIL FISH LLC relating to your application, funding products, and related services via phone, email, and SMS text message. SMS consent is separately addressed in our SMS Terms.

You may opt out of marketing communications at any time by: (a) replying STOP to any SMS message; (b) clicking the unsubscribe link in any email; or (c) contacting us directly at the information below. Transactional and application-related communications may still be sent to the extent necessary to complete your application or service your account.

9. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING. LIL FISH LLC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIL FISH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES OR WEBSITE, EVEN IF LIL FISH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of our services exceed the total amount of fees paid by you to LIL FISH LLC in the twelve (12) months preceding the claim, or $500, whichever is greater.

11. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, our services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in New York, New York. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters involving intellectual property rights or unauthorized access to systems.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

13. Modifications to Terms

LIL FISH LLC reserves the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by updating the “Last Updated” date at the top of this page and, where appropriate, by email. Your continued use of our services following the posting of changes constitutes your acceptance of such changes.

14. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15. Contact Information

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