Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Backable (“Backable,” “Company,” “we,” “us,” or “our”) governing your access to and use of the website located at trybackable.com, all associated subdomains, applications, and services (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete. We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Service

Backable provides a self-service software platform that assists users in assembling Small Business Administration (“SBA”) loan application packages. The Service may include document generation tools, guided questionnaires, data import features, and related functionality.

3. Not Financial, Legal, or Professional Advice

The Service is an informational and document-preparation tool only. Nothing provided through the Service constitutes financial advice, legal advice, tax advice, investment advice, lending advice, or any other form of professional advice. Backable is not a bank, lender, broker, broker-dealer, investment advisor, credit counselor, or fiduciary.

We do not guarantee that any loan application will be approved by any lender. Loan approval decisions are made solely by third-party lenders based on their own independent underwriting criteria, which are outside of Backable’s control.

You are solely responsible for verifying the accuracy, completeness, and legal sufficiency of all documents, data, and information generated or compiled through the Service before submitting them to any lender or government agency. We strongly recommend consulting with a qualified attorney, CPA, or SBA lending professional before relying on any output of the Service.

4. No Guarantee of Loan Approval

Backable makes no representation, warranty, or guarantee — express, implied, or statutory — that use of the Service will result in SBA loan approval, favorable loan terms, or any particular outcome. Any statistics, success rates, or testimonials displayed on the Service are illustrative only and do not predict or guarantee individual results.

The SBA loan process involves multiple third parties (lenders, the SBA, appraisers, and others) whose decisions are entirely outside our control. You acknowledge and agree that Backable has no influence over and bears no responsibility for any lender’s or the SBA’s decision to approve, deny, delay, or condition any loan application.

5. Money-Back Guarantee — Limited Scope

Backable may offer a money-back guarantee on certain paid plans (“Guarantee”). The Guarantee applies solely to rejections that are directly and exclusively attributable to a material defect in the loan package documents prepared by Backable, as determined by Backable in its reasonable discretion.

The Guarantee does NOT cover rejections due to:

• Inaccurate, incomplete, or fraudulent information supplied by you
• Insufficient creditworthiness, collateral, or financial capacity
• Changes in SBA regulations, lender policies, or market conditions
• Lender-specific underwriting criteria or internal risk appetite
• Business viability, industry risk, or deal structure concerns
• Failure to timely respond to lender requests for additional information
• Any reason unrelated to the document package itself

To claim a refund, you must submit a written refund request within thirty (30) days of a documented rejection, together with a copy of the lender’s written denial letter clearly identifying a package defect as the basis for rejection. Backable reserves the right to investigate any claim and to deny refunds that do not meet the criteria above. Refunds, if approved, are limited to the fees you actually paid Backable for the specific loan package in question. This Guarantee is your sole and exclusive remedy for dissatisfaction with the Service.

6. User Responsibilities and Representations

You represent, warrant, and agree that:

• All information, documents, financial data, and other materials you provide through the Service are true, accurate, complete, and not misleading
• You have the legal right and authority to provide such information and to use the Service for its intended purpose
• You will not use the Service for any fraudulent, unlawful, or deceptive purpose, including submitting false information on federal loan applications
• You understand that submitting false information on SBA loan applications may constitute federal fraud and is punishable under applicable law
• You are solely responsible for all decisions made in reliance on the Service’s output

7. Accounts and Security

If the Service requires account registration, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify us immediately of any unauthorized use. Backable is not liable for losses arising from unauthorized access to your account that is not directly caused by our gross negligence.

8. Intellectual Property

All content, software, designs, logos, trademarks, and other intellectual property displayed or made available through the Service are owned by or licensed to Backable and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business purposes, subject to these Terms. You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works from any part of the Service without our prior written consent.

You retain ownership of the data and documents you upload. By uploading content, you grant Backable a non-exclusive, royalty-free license to process and use that content solely as necessary to provide the Service to you.

9. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that preparing SBA loan packages may involve submitting sensitive personal and financial information. While we implement commercially reasonable security measures, no system is completely secure, and we cannot guarantee absolute security of your data. You use the Service at your own risk with respect to data security.

10. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services (accounting platforms, lender portals, etc.). These third-party services are governed by their own terms and privacy policies. Backable does not endorse, control, or assume responsibility for any third-party service. Your use of third-party services is at your sole risk.

11. Fees and Payment

Certain features of the Service may require payment. All fees are stated at the time of purchase and are non-refundable except as expressly set forth in Section 5 (Money-Back Guarantee) above. We reserve the right to change pricing at any time; price changes will not retroactively affect existing orders. You are responsible for all applicable taxes.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

BACKABLE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, BACKABLE DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY DOCUMENTS GENERATED WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS; OR (E) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BACKABLE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, LOAN APPLICATION DENIAL, OR DAMAGES ARISING FROM RELIANCE ON THE SERVICE — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF BACKABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKABLE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO BACKABLE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Backable and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) any information or materials you provide through the Service; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third-party right; or (f) any claim that information you submitted through the Service was false, misleading, or fraudulent.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and Backable (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited.

15.2 Class Action Waiver

YOU AND BACKABLE 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

15.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

15.4 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. To the extent litigation is permitted, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

16. Modification of Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after any modification constitutes acceptance of the revised Terms. We recommend reviewing this page periodically. If you do not agree with any changes, your sole remedy is to discontinue use of the Service.

17. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, all licenses granted to you under these Terms immediately cease. Sections 3, 4, 6, 8, 12, 13, 14, 15, and this Section 17 shall survive termination.

18. Force Majeure

Backable shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, internet or infrastructure failures, or third-party service outages.

19. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements you enter into with Backable, constitute the entire agreement between you and Backable regarding the Service and supersede all prior agreements, representations, and understandings.

21. Waiver

The failure of Backable to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Backable.

22. Assignment

You may not assign or transfer these Terms or your rights hereunder without Backable’s prior written consent. Backable may assign these Terms without restriction. These Terms are binding upon and inure to the benefit of the parties and their successors and permitted assigns.

23. Contact

If you have questions about these Terms, please contact us at: legal@trybackable.com