Settle Terms of Service

Effective Date: August 23, 2022
These Terms of Service (“Terms”), together with the Schedules, documents, and policies incorporated and referenced in these Terms, are a contract (this “Agreement”) between the individual or entity who signs up for an account and/or uses or interacts with any of the Service in whole or in part (“Organization”, “you”, “your”, or “yourself”) and Settle Inc., Settle Funding, LLC, and their affiliates (“Settle”, “we”, “us,” or “our”). If the individual that agrees to this Agreement does so on behalf of Organization (including in a capacity as Organization’s public accountant or bookkeeper), that individual represents that they are authorized by Organization to agree to this Agreement on Organization’s behalf. Organization shall be responsible and liable for each Authorized User, as defined below, and shall ensure that each Authorized User abides by the terms of this Agreement. This Agreement governs your use of our website settle.com [LINK] and your use of or interactions with any Settle products and services (individually and collectively referred to as the “Service”). All capitalized terms in these Terms and the referenced Schedules below will have the meanings given to them in this Agreement, unless otherwise indicated. 

With respect to any Service that involves the transfer of funds, Settle has partnered with a depository institution to provide such Service.  Settle’s current bank provider is Silicon Valley Bank (the “Bank”).  Settle operates a software platform that sends payment and funds transfer instructions to the Bank.  Settle is an agent of the Bank, and the Bank holds all funds and performs all funds transfers. 

By electronically accepting this Agreement or by establishing a Settle account or using the Service, you consent to and agree to comply with this Agreement as of the effective date set forth above. This Agreement incorporates by reference, and you hereby agree to, the following consents, schedules, and documents (collectively, “Schedules”):

COMMERCIAL USE ONLY. You understand that only corporations, limited liability companies  (and no other type of business entities or sole proprietorships) validly organized under applicable law are able to use any lending services we provide, and if you request such services, you represent and warrant that you are a corporation, limited liability company (and not any other business entity or sole proprietorship) validly organized under applicable law. You further represent and warrant that you will access and use all Service for business purposes only and not for personal, family, or household purposes.

AGREEMENT TO ARBITRATE. You understand that all disputes related to this Agreement are subject to the Agreement to Arbitrate as defined and detailed in Section 15, and you agree to the Agreement to Arbitrate as well as the included jury trial and class action waiver.

UPDATES AND CHANGES TO THIS AGREEMENT. Settle reserves the right to modify or change this Agreement, as well as its policies relating to the Service, at any time, in our sole discretion. Settle will post the revised version of this Agreement on our website, and will provide notice to you of material changes to this Agreement. You will be deemed to have accepted and to have agreed to any revisions or changes to this Agreement at the time of (i) your acceptance of the revised, changed, or new Agreement, or (ii) your access to or use of the Service after the effective date of the revised, changed, or new Agreement. If the revised, changed, or new Agreement is not acceptable to you, your sole and exclusive remedy will be to stop using the Service and/or to cancel your account as provided in Section 3.

Prohibited Business and Payments Schedule

You will not use the Service: (i) if you are a business that provides or is involved with any of the following goods, services, or transactions; or (ii) to pay any other business or party in connection with any of the following goods, services, or transactions:

Electronic Payments Schedule