Terms of Service

1. Introduction

Intrepid Finance, LLC ("Intrepid Finance" or "Intrepid") values and respects the privacy of its users. These Terms of Service (the "Terms") explain how Intrepid collects, uses, discloses, and safeguards information when users interact with www.intrepidfinance.io, the Intrepid Portal, and related websites, portals, and services operated by Intrepid (collectively, the "Site"). These Terms, together with Intrepid's Privacy Policy, form a binding agreement (the "Agreement") between Intrepid and each User. By using the Site, you consent to these Terms, as well as any future updates made here.

As used in these Terms, "User" means any individual or business that accesses the Site, creates an account, or applies for or uses Intrepid's services; "Applicant" refers to a User in its capacity as an applicant for financing or related services; and "you" and "your" refer to the User. The Site is intended for users aged 18 and older. Intrepid does not knowingly solicit or collect personal information from minors.

2. Information We Collect

2.1 Information Collected Directly from You

Intrepid may collect personal information directly from you, including:

• Basic Identifying Information: Name, legal physical street address, email address, telephone number, and any other contact details you provide.
• Business Information: Business name, type, legal physical street address, ownership structure, and other identifiers to verify business credentials.
• Financial Information: Where applicable, data required to assess funding needs, such as bank statements, credit reports, or annual revenue.

Intrepid requests only the information essential for providing services or fulfilling legal, regulatory, compliance or additional requirements.

2.2 Sensitive Information

Certain services may require the collection of sensitive information, such as financial details or government-issued identification. Intrepid will collect and process this data only with your explicit consent and in accordance with applicable laws.

2.3 Information Collected Automatically

We collect certain information about your interaction with our website to improve service quality, including:

• Usage Data: IP address, browser type, pages viewed, device information, and time spent on the site.
• Cookies and Tracking Technologies: Used to enhance site functionality, gather analytics, and enable targeted advertising. You may control cookie use via your browser settings.

2.4 Cookies and Tracking Technology

Intrepid uses cookies to recognize users, optimize site performance, facilitate a secure user experience, and provide aggregated analytics on site usage. These cookies are small text files stored on your device. If you prefer, you can adjust your browser settings to block cookies, though certain features of our site may be limited without them.

Intrepid may also use:

• Web Beacons: Pixel tags to track website visits and engagement.
• Google Analytics: Aggregated data collection for analysis and service enhancement.

3. Use of Personal Information

Intrepid uses collected information for:

• Operational Purposes: To deliver, maintain, and enhance services.
• Customer Support and Communications: To respond to inquiries and provide updates.
• Marketing Communications: With your consent, we may use your information for promotional communications (you may unsubscribe anytime).
• Fraud Prevention and Security: To verify identities and safeguard users.

Additional Uses

• Analytics and Machine Learning: Aggregated, de-identified data may be used to improve products and services through AI and machine learning. Data is anonymized where possible, and users retain rights to opt out of data processing for non-essential services.
• Enhanced User Experience: Data insights may be used to optimize website performance and personalize user interactions.

4. Sharing Information with Third Parties

Intrepid may share personal information under limited circumstances, including but not limited to:

• Service Providers: Trusted third-party vendors may assist in website operations, identity verification, analytics, and marketing. Providers are contractually obligated to use data solely as directed by Intrepid.
• Business Transactions: In mergers, acquisitions, or asset sales, user data may be transferred per applicable laws and confidentiality agreements.
• Legal Compliance: We may disclose data to comply with legal requests, such as court orders, or to address fraud or security issues.
• Protection of Intrepid and Others: Information may be shared as needed to protect the rights, safety, and property of Intrepid, its users, or others, including enforcing our terms of service.
• Third-Party Websites: Our website may contain links to third-party sites. Intrepid is not responsible for the privacy practices, security, or content of these external sites. Users are encouraged to review the privacy policies of any third-party sites they visit.
• Payment Processors: To process transactions and facilitate payments.
• Cloud Storage Providers: To store and protect your data securely.
• Marketing Partners: To assist in promotional activities, but only with your explicit consent.
• Fraud Detection Providers: To enhance security and prevent fraud.

If you are located outside the United States, please be aware that any personal data you provide to us may be transferred to and processed in the United States. By using our services, you consent to this transfer and processing of your data, in accordance with applicable privacy laws.

Intrepid Finance takes appropriate measures to ensure that your personal data is handled securely, regardless of where it is processed, in compliance with applicable privacy laws and regulations.

4.1 Consent to Information Collection and Disclosure

Applicant hereby consents and agrees to the collection and disclosure of its business and/or personal information, both online and offline, to be disclosed to:

(i) Intrepid's subsidiaries and affiliates.

(ii) Contractors, service providers, vendors, and other third parties Intrepid uses to support its business.

(iii) Assignees and Third-Parties.

(iv) Respond to subpoenas, court orders, legal processes, or to establish or exercise Intrepid's legal rights or defend against legal claims.

(v) Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Intrepid's terms or agreements, or as otherwise required by law.

(vi) A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Intrepid's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, in which Applicant's personal information is among the assets transferred.

(vii) For the purposes stated in Intrepid's Privacy Policy.

4.2 User Consent

4.2.1 Applicant agrees that Intrepid may request Applicant's consent to additional uses or disclosures of its information not outlined above or in the Privacy Policy. For operational (non-marketing) uses, such consent may be given orally, provided that Intrepid confirms the consent in writing (including by email or text message) and maintains a record of it; oral consent so confirmed will be treated as if provided in writing.

4.2.2 Notwithstanding the foregoing, consent to receive marketing or promotional text messages, or calls delivering pre-recorded or artificial-voice marketing content, will be obtained only through prior express written consent as described in Section 5.2, and nothing in this Section 4.2 modifies that requirement.

5. Authorization to Share Information for Credit Services

5.1 Credit Report Assistance and Disclosure

Applicant authorizes Intrepid to disclose all information and documents obtained, including credit reports, to third parties, affiliates, assignees, or Credit Service Organizations that may be able to assist the Applicant in identifying, disputing, or correcting any inaccurate items appearing on the Applicant's credit report(s). Applicant acknowledges that such assistance is optional and does not require a purchase or financial commitment.

Applicant authorizes Intrepid and its designees to obtain consumer reports and business credit reports regarding Applicant for permissible purposes under the Fair Credit Reporting Act and applicable law, including evaluating Applicant's application for financing and servicing any resulting relationship. Intrepid is not a credit repair organization or a credit services organization, does not provide credit repair services, and makes no representation regarding any third party's ability to improve, correct, or dispute items on any credit report; any such assistance is provided by independent third parties at Applicant's option.

5.2 Consent to Contact and Communications

Applicant authorizes Intrepid, its Assignees, Third Parties, Credit Service Organizations, agents, or representatives to contact Applicant using any telephone number provided by Applicant, including mobile numbers, landlines, or VoIP services. To the extent permitted by applicable law, this consent applies regardless of whether the provided number is listed on any state or federal "Do Not Call" registry.

(i) Communication Methods - Contact may occur through SMS text messages, emails, live calls, or autodialed calls, including those that deliver pre-recorded or artificial voice messages.

(ii) Revocation - Applicant may revoke this consent at any time by providing written notice to Intrepid, though such revocation may impact service availability or support.

(iii) Marketing and Transactional Messages - Messages may include transactional updates, promotional offers, financing options, or notifications related to Applicant's credit profile or funding eligibility.

(iv) Prior Express Written Consent; Not a Condition of Service - Marketing or promotional text messages are sent only with Applicant's prior express written consent, which Applicant provides by electronically accepting these Terms and providing a telephone number. Consent to marketing messages is not a condition of purchase, financing approval, or service eligibility (see Section 12). Message and data rates may apply, and message frequency varies.

(v) Opting Out of Text Messages - Applicant may opt out of marketing or promotional text messages at any time by replying STOP to any such message, or may reply HELP for assistance. Opting out of marketing messages does not affect the operational and security messages described in Section 26.

(vi) Portal Security Messages - Operational and security-related text messages associated with the Intrepid Portal, including Two-Factor Authentication (2FA) codes, are governed by the SMS Terms & Conditions in Section 26, not by this Section 5.2.

5.3 Opt-Out of Data Sharing and Marketing

Users in all regions may opt out of data sharing for marketing purposes. Instructions for opting out are provided in our communications or by contacting us directly.

5.3.1. Right to Opt-Out

You have the right to opt out of receiving marketing communications at any time. To opt-out, follow the instructions in any marketing email you receive, or contact us directly at getcapital@intrepidfinance.io.

Please note that opting out of marketing communications may affect your ability to receive certain promotions, offers, or personalized recommendations. However, it will not impact the essential services we provide to you.

5.3.2. Effect of Opt-Out

Applicant acknowledges that opting out may limit or restrict certain services Intrepid can provide, including but not limited to financing options, data-driven underwriting, or personalized credit recommendations. However, such an opt-out will not affect any existing financial obligations, agreements, or funds owed by the Applicant.

6. Signatory Representation

6.1. Authority to Sign

Each Signatory certifies and warrants that they have the full legal authority to execute this agreement on behalf of the Applicant and any associated Business Owner(s). The Signatory affirms that they have obtained all necessary approvals, consents, or corporate authorizations required to bind the Applicant and Business Owner(s) to the terms outlined herein.

7. Data Security

Intrepid is committed to protecting data using industry-standard security measures, which include:

• Encryption: Data is encrypted during transmission using SSL/TLS technology.
• Access Controls: Only authorized personnel have access to sensitive data.
• Regular Audits: We conduct periodic audits to ensure the integrity of our systems.

While we implement reasonable safeguards, we cannot guarantee absolute security for data transmitted online. Intrepid assumes no liability for unauthorized access beyond our reasonable control.

Data Security on User's End: Intrepid is not responsible for data breaches or losses that occur due to user negligence, such as accessing accounts via unsecured networks or failing to use updated security practices.

8. Data Breach Notification

In the unlikely event of a data breach, Intrepid will notify affected users as required by applicable law and take appropriate steps to minimize damage and secure user data.

9. Retention of Personal Information

Intrepid Finance retains personal data only for as long as necessary to fulfill the purposes outlined in these Terms of Service, including for the purposes of providing services, legal obligations, and business requirements. Once your data is no longer required, it will be securely deleted or anonymized to prevent any misuse.

If you wish to request the deletion of your personal data, please contact us at getcapital@intrepidfinance.io. However, please note that certain data may be retained for legal or regulatory compliance, as well as for legitimate business interests, even after the termination of your account or service.

10. User Rights and Choices

As a user, you have the following rights regarding your personal data:

• Right to Access: You can request a copy of the personal data we hold about you.
• Right to Rectification: If your personal data is inaccurate or incomplete, you can request that we correct or update it.
• Right to Erasure: You can request that we delete your personal data, subject to legal exceptions.
• Right to Restrict Processing: You may request that we limit how we process your data in certain situations.
• Right to Data Portability: You can request a copy of your data in a structured, commonly used format to transfer it to another provider.

To exercise any of these rights, please contact us at getcapital@intrepidfinance.io.

California Residents

California residents have rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (CCPA/CPRA), which are described in detail in the "California Privacy Rights" section of our Privacy Policy. Intrepid does not "sell" personal information and does not "share" personal information for cross-context behavioral advertising, as those terms are defined in the CCPA; applicant information is disclosed to lenders, funders, and financing partners only at your direction and with your consent to provide the services you request, and Intrepid receives no marketing commission or other monetary consideration in exchange for personal data. California residents may exercise their rights by emailing getcapital@intrepidfinance.io or calling 833.366.6396.

11. Hold Harmless

Intrepid provides services as a facilitator of financial solutions and financing options. By engaging with Intrepid's services, you agree to hold Intrepid and its agents, affiliates, and assignees harmless against any claims, liabilities, losses, or expenses arising from the use of our website or services, except to the extent directly resulting from Intrepid's gross negligence or willful misconduct.

12. No Purchase Requirement

12.1. Voluntary Consent

Applicant acknowledges and agrees that providing consent to the collection, use, and disclosure of information, as outlined in this agreement, is voluntary and is not a condition of purchase, financing approval, or service eligibility.

12.2. No Obligation to Proceed

Applicant further understands that they are not required to enter into any agreement, financial transaction, or business relationship with Intrepid as a condition of providing consent. Declining to provide consent will not result in any penalty, though it may affect the availability of certain services that rely on shared data or communication.

13. Parents, Guardians, and Children's Privacy

This website is intended for users aged 18 and older. Intrepid does not knowingly solicit or collect personal information from minors. If you are under 18, please refrain from using this site. If we become aware of data collected from a minor, we will delete it promptly. Parents or guardians who believe their child's data has been inadvertently collected should contact us at getcapital@intrepidfinance.io.

14. Advertising and Do Not Track Disclosure

Intrepid may work with advertising and analytics providers to deliver relevant ads on third-party websites. These providers may use cookies to track your activity across sites.

Do Not Track Requests: We do not respond to "Do Not Track" signals from browsers due to the lack of an industry-standard interpretation of these signals. However, where required by applicable law, we will honor legally recognized opt-out preference signals (such as the Global Privacy Control) as a request to opt out of targeted advertising or the "sharing" of personal information.

15. Accuracy and Reliance

15.1. Responsibility for Accuracy

Applicant acknowledges and agrees that all information and documents provided to Intrepid, its Assignees, Third Parties, or affiliates must be accurate, complete, and up to date. Any misrepresentation, omission, or falsification of information may result in delays, denial of services, or legal consequences.

15.2. Third-Party Reliance

Applicant understands that Assignees, Third Parties, and service providers will rely on the accuracy and completeness of the information submitted. Intrepid and its affiliates bear no responsibility for any decisions, actions, or consequences arising from incorrect, outdated, or misleading information provided by the Applicant.

16. Account Creation Requirements

16.1. Accurate and Complete Information

Applicant agrees that when creating an account with Intrepid, they must provide accurate, complete, and truthful information about their identity, business, and financial details. Failure to do so may result in:

• Delays or denial of services, funding, or access to Intrepid's platform.
• Suspension or termination of the account due to misrepresentation.
• Legal consequences if fraudulent or misleading information is provided.

16.2. Ongoing Information Updates

Applicant agrees to promptly update any information that has changed, including contact details, business financials, or other relevant data. Intrepid is not responsible for any issues arising from outdated or incorrect information provided by the Applicant.

16.3. Credentials and Account Security

User is solely responsible for maintaining the confidentiality of usernames, passwords, and other credentials associated with User's account, and for all activity that occurs under User's account, whether or not authorized by User. User agrees to (a) use strong, unique passwords; (b) not share credentials with any third party; (c) log out at the end of each session on shared devices; and (d) notify Intrepid immediately at getcapital@intrepidfinance.io of any unauthorized access to or use of User's account, or any other breach of security, of which User becomes aware. Intrepid is not liable for any loss or damage arising from User's failure to comply with this Section.

Intrepid may, but is not obligated to, monitor accounts for suspicious activity and may require credential resets, additional identity verification, or Two-Factor Authentication at any time.

17. License, Acceptable Use, and Termination

17.1. Use of Website Content

Intrepid grants users a limited, non-exclusive, revocable license to access and use its website solely for informational, business, and financing purposes. Users may not:

• Copy, modify, distribute, or sell any website content without prior written consent.
• Use website materials for commercial purposes without authorization.
• Reverse-engineer, scrape, or attempt to gain unauthorized access to proprietary content.

Intrepid reserves the right to revoke this license at any time for misuse or non-compliance with its terms.

17.2. Acceptable Use; Prohibited Conduct

User shall not, and shall not permit any third party to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Site, other users' accounts, or Intrepid's (or its providers') computer systems or networks, or probe, scan, or test the vulnerability of any system without authorization.
• Upload or transmit viruses, malware, or any other malicious or harmful code.
• Interfere with, disrupt, or place an unreasonable load on the Site or its infrastructure, including through automated scripts, bots, or denial-of-service activity.
• Use any communication feature of the Site to send spam, chain letters, or unsolicited commercial messages, or to harass, defame, or infringe the rights of others.
• Impersonate any person or entity, misrepresent an affiliation with any person or entity, or submit information that is false, misleading, or fraudulent.
• Circumvent or attempt to circumvent any security or authentication measure, including Two-Factor Authentication.

Intrepid reserves the right to investigate suspected violations of this Section and to cooperate with law enforcement authorities in prosecuting users involved in unlawful conduct.

17.3. Suspension and Termination

Intrepid may, in its sole discretion and without prior notice, suspend, restrict, or terminate User's account or access to all or part of the Site: (a) for violation of these Terms; (b) to protect the security or integrity of the Site or its users; (c) as required by law or at the request of a governmental authority; or (d) upon discontinuation of the Site or the applicable service. Upon termination, the license granted in Section 17.1 ends immediately, and provisions that by their nature survive (see Section 25.8) continue in effect. Termination does not affect any outstanding financial obligations of User.

17.4. Copyright Infringement Claims (DMCA)

Intrepid respects intellectual property rights. If you believe that material on the Site infringes a copyright you own or control, please send a notice containing the information required by 17 U.S.C. § 512(c)(3) — including identification of the copyrighted work, the location of the allegedly infringing material, your contact information, a statement of your good-faith belief that the use is not authorized, and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner — to Intrepid at getcapital@intrepidfinance.io, or by mail to Intrepid Finance, LLC, 9783 E. 116th Street, Suite 122, Fishers, Indiana 46037, Attn: Copyright Agent. Intrepid may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers.

18. Content Submission Rights

18.1. User-Submitted Content

By submitting any content to Intrepid (including but not limited to reviews, testimonials, feedback, blog comments, social media posts, or business data), the Applicant grants Intrepid a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, distribute, modify, and display the content for business, marketing, or operational purposes.

18.2. No Compensation or Confidentiality

Applicant acknowledges that:

• Submitted content does not create an obligation for Intrepid to compensate the Applicant.
• Intrepid may use the content in promotional materials or third-party partnerships.
• Intrepid is not obligated to remove or alter submitted content unless required by law.

19. Backup Disclaimer

19.1. No Guarantee of Data Backup

Intrepid takes reasonable measures to protect and store user data, but does not guarantee that all data will be backed up or retrievable in the event of system failures, cyberattacks, or other technical disruptions.

19.2. User Responsibility for Backup

Applicant is solely responsible for maintaining backups of any critical data, financial records, or documents provided to Intrepid. Intrepid is not liable for any loss, corruption, or inaccessibility of data due to:

• Server failures, cyber incidents, or unauthorized access.
• User errors, accidental deletions, or hardware malfunctions.
• Force majeure events beyond Intrepid's control.

20. Force Majeure

20.1. Limitations of Liability for Uncontrollable Events

Intrepid shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:

• Natural disasters (e.g., earthquakes, hurricanes, floods, fires).
• Pandemics, epidemics, or government-imposed shutdowns.
• Cyberattacks, system outages, or widespread internet disruptions.
• Labor strikes, supply chain disruptions, or economic crises.
• Acts of war, terrorism, or civil unrest.

20.2. Mitigation and Resumption of Services

Intrepid will make reasonable efforts to resume operations as soon as practicable after a force majeure event but shall not be obligated to provide refunds, credits, or compensation for disruptions caused by such events.

21. Disclaimer of Warranties; Limitation of Liabilities and Claims

21.1 Disclaimer of Warranties

THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. INTREPID DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND DOES NOT GUARANTEE ANY FINANCING APPROVAL, FUNDING AMOUNT, RATE, OR OTHER OUTCOME.

Content, tools, calculators, analyses, and other outputs made available through the Site are provided for informational purposes only and do not constitute financial, legal, tax, investment, or accounting advice, and no fiduciary or advisory relationship is created by use of the Site. Users should consult their own professional advisors before acting on any information obtained through the Site.

21.2 Limitation of Liability

To the maximum extent permitted by law, Intrepid Finance will not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the collection, use, disclosure, or security of your information. Intrepid's total aggregate liability for any and all claims arising under or relating to these Terms, including any implied warranties, is limited as set forth in Section 22.

This limitation of liability applies regardless of whether damages are foreseeable, or whether Intrepid has been advised of the possibility of such damages.

21.3 Limitation of Claims

INTREPID SHALL NOT BE LIABLE TO USER UNDER ANY CIRCUMSTANCES (EVEN IF THIS AGREEMENT IS TERMINATED) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY, OR BUSINESS ADVANTAGE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22. Limitation of Damages

INTREPID'S TOTAL AGGREGATE LIABILITY UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER ITS TERMINATION, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL OF ALL AMOUNTS PAID TO INTREPID BY USER DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

23. Terms of Service Updates

Intrepid reserves the right to modify these Terms of Service at any time. If substantial changes are made, we will provide prominent notice through our website or by other appropriate means. Updated Terms apply prospectively from their effective date. Where required by applicable law, Intrepid will provide notice of material changes and obtain any legally required consent before applying changed practices to previously collected personal information.

In the event of significant changes to these Terms of Service or the way we process personal data, Intrepid Finance will notify users through appropriate channels, such as an email or website banner. Users are encouraged to review these Terms of Service periodically to stay informed of any updates.

If we make material changes to how we collect, use, or share your data, we will provide prominent notice and an opportunity to review the updates.

24. Waiver of Claims

24.1. Release of Liability for Information Sharing

Applicant irrevocably waives, releases, and discharges Intrepid, its affiliates, assignees, third parties, service providers, and any information providers (collectively, "Recipients") from any and all claims, liabilities, damages, or causes of action arising from:

• The requesting, obtaining, reviewing, or sharing of Applicant's business or personal information.
• Any errors, omissions, or delays in the collection, reporting, or dissemination of such information.
• Any decisions made by Intrepid or third parties based on the provided or obtained information.

The foregoing release does not extend to claims arising directly from Intrepid's gross negligence or willful misconduct. To the fullest extent permitted by law, this release extends to claims that Applicant does not know or suspect to exist at the time of the release, and Applicant expressly waives the benefits of California Civil Code Section 1542 and any similar law of any other jurisdiction.

24.2. Indemnification for Third-Party Actions

Applicant further agrees to indemnify, defend, and hold harmless Intrepid and its Recipients from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) asserted by third parties arising out of (a) the use, reliance, or dissemination of Applicant's information; (b) Applicant's use or misuse of the Site; (c) Applicant's breach of these Terms; or (d) Applicant's violation of applicable law or the rights of any third party — except, in each case, to the extent caused by Intrepid's gross negligence or willful misconduct.

24.3. No Obligation to Verify Data

Intrepid and its Recipients are not obligated to independently verify the accuracy of the information received or provided by the Applicant. Applicant bears sole responsibility for ensuring the truthfulness and completeness of all disclosed information.

24.4. General Confidentiality Obligations

For purposes of this Section, "Confidential Information" means any non-public business, financial, technical, or personal information disclosed by one party to the other — whether oral, written, or electronic — that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of its disclosure.

During the term of the Agreement and for all time thereafter, neither party shall disclose Confidential Information of the other party or use such Confidential Information for any purpose other than in furtherance of the Agreement. Without limiting the preceding sentence, each party shall use at least the same degree of care in safeguarding the other party's Confidential Information as it uses to safeguard its own Confidential Information. Notwithstanding the foregoing, a party may disclose Confidential Information (i) if required to do so by legal process (e.g., a subpoena), provided that such party shall notify the other party prior to such disclosure so that such other party may attempt to prevent such disclosure or seek a protective order; or (ii) to any applicable governmental authority as required in the operation of such party's business.

25. General Provisions

25.1. Governing Law and Venue

These Terms and the Agreement are governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflict-of-laws principles. Subject to Section 25.2, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Hamilton County, Indiana for any dispute not subject to arbitration.

25.2. Dispute Resolution; Arbitration; Class Action Waiver

The parties shall first attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation, beginning upon written notice from one party to the other and continuing for at least thirty (30) days.

Except for (a) claims properly brought in small claims court and (b) claims for injunctive or equitable relief relating to intellectual property or Confidential Information, any dispute not resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration shall be conducted in Hamilton County, Indiana, or remotely by agreement of the parties, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.

ALL DISPUTES SHALL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

User may opt out of this arbitration provision (but not the remainder of these Terms) by delivering written notice to Intrepid at the address set forth in Section 27 within thirty (30) days of first accepting these Terms.

25.3. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

25.4. No Waiver

No failure or delay by Intrepid in exercising any right under these Terms shall operate as a waiver of that right, and no waiver shall be effective unless made in writing.

25.5. Assignment

User may not assign or transfer these Terms, or any rights or obligations under them, without Intrepid's prior written consent. Intrepid may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, or to any affiliate.

25.6. Electronic Communications and Signatures

User consents to receive communications, disclosures, and notices from Intrepid electronically, including by email, text message (as described in Sections 5.2 and 26), or posting to the Site, and agrees that electronic signatures, acceptances, and records satisfy any requirement that such communications be in writing, to the fullest extent permitted by applicable law.

25.7. Entire Agreement

These Terms, together with the Privacy Policy, the AI-Assisted Financial Analysis, Scoring, and Matching Disclosure (the "AI Disclosure"), any Applicant Representations, Authorizations, and Disclosures accepted at application, and any other policies referenced herein, constitute the entire agreement between User and Intrepid regarding use of the Site and supersede any prior understandings on that subject. If User and Intrepid have executed a separate written agreement (such as a service, partner, or financing agreement), that executed agreement controls in the event of a conflict with these Terms.

25.8. Survival

Provisions that by their nature should survive termination — including consents and authorizations, limitations of liability, waivers, indemnities, confidentiality obligations, and this Section 25 — survive any termination of the Agreement or of User's use of the Site.

25.9. U.S. Availability

The Site is operated from the United States and is intended for users located in the United States. Intrepid makes no representation that the Site or its services are appropriate or available for use in other locations, and offers its services only where they may lawfully be offered. Products and services described on the Site may not be available in all jurisdictions, and eligibility is determined by Intrepid in its discretion, consistent with applicable law.

26. SMS Terms & Conditions — Portal Security and Operational Messages

Last Updated: August 11, 2026

This Section 26 governs operational and security-related text messages sent in connection with the Intrepid Portal. Marketing, advertising, and general-contact text messages are governed separately by the consent described in Section 5.2, not by this Section 26.

Intrepid utilizes SMS (text messaging) to provide secure access to the Intrepid Portal and to deliver important operational notifications.

By providing your mobile phone number and using the Intrepid Portal, you agree to these SMS Terms & Conditions.

26.1. Types of SMS Messages

Intrepid may send text messages that include:

• Two-Factor Authentication (2FA) verification codes
• Login security notifications
• Password reset verification codes
• Account security alerts
• Portal-related operational notifications

Intrepid does not use the Portal security and operational messages described in this Section 26 for advertising, promotions, or marketing. Any marketing or promotional text messages are sent only with the separate consent described in Section 5.2 and may be opted out of at any time by replying STOP.

26.2. User Consent

By providing your mobile phone number within your Intrepid Portal account, you consent to receive operational text messages necessary for accessing and securing your account.

Your mobile phone number should be kept current to ensure uninterrupted access to portal security features.

26.3. Message Frequency

Message frequency varies depending on your account activity.

Most users will receive text messages only when logging in, resetting a password, completing account verification, or when important account-related security notifications are required.

26.4. Message and Data Rates

Message and data rates may apply according to your wireless carrier's plan.

26.5. Opting Out

Where applicable, you may opt out of non-required text notifications by replying STOP.

Reply HELP for assistance or contact Intrepid Support at getcapital@intrepidfinance.io.

Please note that certain security-related text messages, including those required for Two-Factor Authentication (2FA) or account protection, are necessary for secure portal access. If you choose not to maintain a valid mobile phone number, some portal security features may be unavailable.

26.6. Privacy

Your privacy is important to us.

Mobile phone numbers collected for the Intrepid Portal are used solely for portal security and operational communications, including Two-Factor Authentication (2FA) verification codes and account-related notifications.

SMS consent is not shared with third parties or affiliates for marketing purposes.

For additional information regarding how we collect, use, and protect your personal information, please review our Privacy Policy.

26.7. Changes to These SMS Terms & Conditions

Our SMS Terms & Conditions are periodically reviewed and updated as necessary. We reserve the right to modify these SMS Terms & Conditions at any time.

Continued use of the Intrepid Portal after changes become effective constitutes acceptance of the revised SMS Terms & Conditions.

These SMS Terms & Conditions were last updated on August 11, 2026.

27. Contact Information

If you have any concerns about how your personal data is handled or wish to submit feedback regarding our privacy practices, please contact us at getcapital@intrepidfinance.io. We take user concerns seriously and aim to resolve any issues promptly. You also have the right to lodge a complaint with the relevant authority in your jurisdiction.

For questions about these Terms of Service or to exercise your rights, please contact Intrepid at:

Email: getcapital@intrepidfinance.io

Phone: 833.366.6396

Web: www.intrepidfinance.io

Mail: Intrepid Finance, LLC, 9783 E. 116th Street, Suite 122, Fishers, Indiana 46037