Abra Cap LLC Terms of Service

Effective Date: September 8, 2026 Last Updated: September 8, 2026

SUMMARY OF KEY POINTS

The following summary is provided for your convenience and shall not supersede or modify the binding terms set forth in the complete Terms of Service below:

• Service Description: Abra Cap LLC operates as a commercial finance marketplace, matching business applicants with third-party financing partners. We are not a direct lender.
• User Obligations: You shall provide strictly accurate, current, and complete business and financial information to facilitate the evaluation of financing offers.
• Payment Terms: Abra Cap LLC generally receives compensation directly from our third-party financing partners. Any direct fees applicable to your use of the platform shall be expressly disclosed prior to the consummation of any financing agreement.
• Liability Limitations: Our services are provided on an "as is" basis. We do not guarantee that you will receive funding, and our liability for damages is strictly limited as permitted by applicable law.
• Dispute Resolution: Any disputes arising hereunder shall be resolved through binding arbitration, and you hereby waive any right to participate in a class action lawsuit.
• Termination: Either party may terminate this agreement at any time. Upon termination, specific data retention and export protocols shall apply.
• Contact Information: You may direct inquiries to hello@abracap.com.

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1. Welcome & Agreement

This Terms of Service agreement (the "Agreement") constitutes a legally binding contract entered into by and between you, whether personally or on behalf of an entity ("User", "you", or "your"), and Abra Cap LLC ("Abra Cap", "we", "us", or "our"). This Agreement governs your access to and use of the website located at https://www.abracap.com/ and any related services, applications, or platforms (collectively, the "Services").

By accessing, browsing, or utilizing the Services, you hereby acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth herein. If you do not expressly agree with all of these terms, you are hereby expressly prohibited from using the Services and must discontinue use immediately. We maintain these terms to ensure a secure, compliant, and transparent environment for all parties engaging in commercial financial transactions.

2. About Our Service

Abra Cap LLC is a New York-based commercial finance platform designed to assist businesses—ranging from early-stage companies to publicly traded corporations—in accessing commercial funding.

Nature of the Services

We facilitate access to various financial instruments, including term loans, lines of credit, revenue-based financing, SBA financing, equipment financing, and structured capital. You hereby acknowledge and agree that Abra Cap operates exclusively as a marketplace and intermediary. We are not a direct lender, bank, or depository institution. We match applicants with financing offered through a network of independent, third-party financing partners.

Eligibility Requirements

To access the Services, you must be at least eighteen (18) years of age and possess the legal authority to bind the business entity on whose behalf you are seeking financing. The Services are intended solely for commercial and business purposes; consumer financing is strictly prohibited.

3. Your Account

To utilize certain features of the Services, you shall be required to register for an account. We require this registration to securely manage your application data and facilitate communications with prospective financing partners.

Registration and Security

You shall provide accurate, current, and complete information during the registration process, including identifying details, financial documents, and bank statements. You are solely responsible for safeguarding the password and credentials that you use to access the Services. You shall not disclose your password to any unauthorized third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Account Termination by User

You may terminate your account at any time by submitting a formal request to hello@abracap.com. Notwithstanding such termination, any ongoing obligations related to active financing applications or executed agreements with third-party partners shall survive.

4. Acceptable Use

To maintain the integrity of our financial marketplace, you agree to use the Services only for lawful purposes and in accordance with this Agreement.

Prohibited Activities

You shall not, under any circumstances, engage in the following activities:

• Submitting fraudulent, fabricated, or materially misleading financial documents, bank statements, or business information.
• Utilizing the Services for any illegal activities, including but not limited to money laundering, terrorist financing, or fraud.
• Attempting to bypass, disable, or otherwise interfere with security-related features of the Services.
• Reverse engineering, decompiling, or disassembling any aspect of the platform.
• Using automated systems (such as bots or scrapers) to extract data from the Services.

Consequences of Violation

Notwithstanding the foregoing, Abra Cap reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Such actions may include reporting you to law enforcement authorities and immediately terminating your access to the Services.

5. Content & Intellectual Property

We protect our intellectual property to maintain the unique value of our marketplace while respecting the proprietary nature of your business data.

Ownership of the Services

Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein are owned or controlled by Abra Cap LLC and are protected by copyright and trademark laws.

License to User Data

By submitting business and personal information, financial documents, and bank statements to the Services, you hereby grant Abra Cap a worldwide, non-exclusive, royalty-free license to use, reproduce, and transmit such data solely for the purpose of processing your application and sharing it with our network of third-party financing partners to obtain and evaluate financing offers.

6. Payments & Billing

Our compensation structure is designed to facilitate seamless access to capital without imposing unnecessary upfront burdens on applicants.

Fee Structure

Abra Cap LLC operates as a marketplace and generally receives compensation in the form of referral fees or commissions paid directly by our third-party financing partners upon the successful funding of a transaction. We do not typically charge applicants a direct fee for submitting an initial application.

Disclosure of Direct Fees

In the event that a specific financing structure requires a platform fee, origination fee, or advisory fee payable directly by you to Abra Cap, such fees shall be fully and transparently disclosed to you in writing prior to your execution of any binding financing agreement. All such fees are non-refundable once the financing transaction has been consummated, unless otherwise mandated by applicable law.

7. Privacy

The protection of your sensitive financial and personal data is a fundamental operational priority for Abra Cap LLC.

By using the Services, you acknowledge that we collect, use, and share your information in accordance with our Privacy Policy. We process data in strict compliance with applicable financial services data protection requirements and US State Privacy Laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as the VCDPA, CPA, and CTDPA. You acknowledge that we may share your application data with our financing partners—who are bound by strict confidentiality obligations—to secure financing offers on your behalf.

8. Disclaimers & Limitations

The following provisions allocate risk between you and Abra Cap LLC and limit our financial liability.

"As Is" Provision

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ABRA CAP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL RESULT IN FUNDING APPROVAL OR THAT ANY FINANCING OFFERS WILL MEET YOUR BUSINESS REQUIREMENTS.

Limitation of Liability

IN NO EVENT SHALL ABRA CAP LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) ONE HUNDRED US DOLLARS ($100.00).

9. Dispute Resolution

To ensure the timely and cost-effective resolution of any disagreements, we require the following dispute resolution procedures.

Informal Resolution

Prior to initiating any formal legal proceeding, you agree to attempt to resolve any dispute arising out of or relating to this Agreement by contacting us at hello@abracap.com. We shall attempt to resolve the dispute informally within thirty (30) days of receipt of your notice.

Binding Arbitration

If the dispute cannot be resolved informally, it shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York, New York.

Class Action Waiver

YOU AND ABRA CAP LLC HEREBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.

10. Changes & Termination

We require the flexibility to update these terms as our business operations and regulatory requirements evolve.

Modifications to Terms

Abra Cap LLC reserves the right, in its sole discretion, to make changes or modifications to this Agreement at any time. We shall alert you about any changes by updating the "Last Updated" date of this Agreement, and you waive any right to receive specific notice of each such change. Your continued use of the Services following the posting of revised terms shall constitute your binding acceptance of such changes.

Right to Terminate

We reserve the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

11. General Legal

The following standard legal provisions govern the interpretation and administration of this Agreement.

• Governing Law: This Agreement and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York and applicable federal laws of the United States, without regard to its conflict of law principles.
• Severability: If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
• Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement and understanding between you and Abra Cap LLC regarding the subject matter herein.
• Assignment: You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement at our sole discretion.

12. Contact Information

Should you have any questions, formal notices, or concerns regarding this Agreement or the Services, you shall direct your communications to us using the following methods:

• Email: hello@abracap.com
• Website: https://www.abracap.com/

We endeavor to respond to all formal inquiries within three (3) to five (5) business days of receipt.

13. Data Export and Deletion on Termination

We recognize the critical importance of your business data and have established precise protocols for data retrieval and destruction upon the termination of our relationship.

Upon the termination of your account, whether initiated by you or by Abra Cap LLC, you shall be granted a thirty (30) day data export window. During this thirty (30) day period, you may request and retrieve a copy of your submitted financial documents and application data in a standard, commercially reasonable digital format (such as PDF or CSV).

Upon the expiration of this thirty (30) day export window, Abra Cap LLC shall permanently and irrevocably delete your data from our active systems, save for any data that we are legally required to retain for regulatory compliance, anti-money laundering (AML) record-keeping, or dispute resolution purposes as mandated by applicable financial services laws.