These Terms of Use (“Terms”) constitute a legal agreement between you and IMS Fund (“IMS Fund”),. By accessing any part of this Site (“Site”) or by using the Services (described below), you are bound by these Terms, the IMS Fund Privacy Policy (available on the Site), and any other legal terms set forth on the Site (collectively, “Terms”). Certain Services may require you to accept additional terms.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES.
1. Introduction and Defined Terms
IMS Fund helps qualified small business owners secure business financing by connecting them with our network of approved lenders and finance providers. We are not a lender or finance provider and do not underwrite, approve, fund, service, or collect on any loans or financing solutions.
As with any legal or financial obligation, you are strongly encouraged to carefully read and fully understand these Terms, as well as any other legal documents presented to you through the Service, before proceeding.
Definitions
IMS Fund (“we,” “us,” “our,” and similar variations) refers to the company operating the platform.
Service means the products, services, and software you access or use, including any features that connect you with potential lenders or finance providers.
Account refers to your registration with IMS Fund and any information you voluntarily provide to us. For clarity, “Account” in this context does not refer to any banking or financial accounts you may hold elsewhere.
Other words and phrases may be defined elsewhere in these Terms where they are used. The words “include,” “includes,” and “including” shall be read as if followed by the phrase “without limitation.”
2. Changes to these Terms
We reserve the right to change, modify, add or remove portions of these Terms at any time without prior notice to you. Your continued use of the Site following posting changes means you accept and agree to the changes. The last revision date is listed at the top of the Terms. Please check these Terms periodically for changes.
3. Content
IMS Fund owns or is licensed to use all text, graphics, user interfaces, photographs, trademarks (registered and unregistered), logos, sounds, artwork, computer code, and other materials on the Site (collectively, the “Content”). This includes the design, structure, selection, coordination, arrangement, and overall look and feel of the Content. Any unauthorized use of the Content may violate copyright, trademark, trade dress, and other intellectual property laws, as well as unfair competition laws.
4. Use of IMS FUND Site and Service
By using the Site or Services, you agree to the following:
A. User-Generated Content or Information Submissions. You are solely responsible for all information and content you submit or provide through the Site or Services, your interactions with any third parties, and any decisions you make regarding loans or financial solutions offered by lenders. You represent and warrant that you own or control all rights to the information you provide, and that such information is accurate, truthful, current, complete, and complies with these Terms.
You, not IMS Fund, bear full responsibility for the legality, reliability, accuracy, and appropriateness of your content. We are not responsible or liable to any third party for any information you or other users provide. IMS Fund may reject attempts to create duplicate accounts and may terminate your existing account if this occurs.
B. Assumption of Risk; No Guarantees. You assume all risk associated with using the Service and interacting with any third-party lenders or providers. IMS Fund does not guarantee that we will connect you with any lender or that you will obtain financing or other financial services.
C. Truthful Information. You agree to provide accurate, true, current and complete information, and only information that belongs to you. If your information becomes outdated or changes, it is your obligation to update such information. YOU MAY NOT USE THE SITE OR SERVICES ON BEHALF OF ANOTHER PERSON OR BUSINESS, INCLUDING THE USE OF FICTITIOUS NAMES OR “SEEDS”.
D. Prohibited Uses. You agree not to use the Site or Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws concerning the export of data or software to and from the United States or other countries).
- To exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content, requesting personally identifiable information from them, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that is not accurate, truthful, and owned or properly licensed by you.
- To transmit, or procure the sending of, any advertising, promotional material, “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate IMS Fund, our employees, other users, or any other person or entity (including by using email addresses or other contact information associated with any of the foregoing that do not belong to you).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Service, or that, as determined solely by us, may harm the Company or its users or expose them to liability.
Additionally, you agree not to:
- Use the Site or Service in any manner that could disable, overburden, damage, or impair its functionality or interfere with any other party’s use, including their ability to engage in real-time activities.
- Use any robot, spider, crawler, scraper, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site.
- Use any manual process to monitor or copy any material on the Site, or for any other unauthorized purpose, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site or Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site or Service.
5. License to Use Your Content
By providing any information or content to us through the Site or Service, you represent and warrant that you have the legal right to do so. You automatically grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, distribute, create derivative works of, incorporate into other works, and otherwise exploit such information or content. This license includes the right to grant and authorize sublicenses of the above rights.
Additionally, we may occasionally test or introduce new features or services on the Site in which you may voluntarily participate. By participating in such features or programs, you grant us the same rights described above with respect to any information or content you provide in connection with them.
6. Allowed Disclosures; Information Security
You acknowledge and agree that IMS Fund may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (regardless if required by law); or (ii) protect or defend IMS Fund, or a third-party’s, rights or property.
7. Information Security
We work hard to keep your information safe from unauthorised access, alteration, disclosure or destruction. In particular:
We encrypt many of our Services using SSL.
We regularly review our information collection, storage and processing practices, including physical security measures, to reduce the risk of unauthorised access to systems.
We restrict access to personal information to IMS Fund employees, contractors and agents who need to know that information to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Notwithstanding the foregoing, IMS Fund may use information about you and your use of the Services anonymously to continue its research into successful business practices and to improve the Services.
8. Links to Third-Party Sites and Advertisers
The Site and Services may contain links to third-party websites, including those of advertisers and sponsors, which are not owned or controlled by IMS Fund. IMS Fund is not responsible for the content of any linked site, any link contained in a linked site, or any changes or updates to such sites.
We provide these links solely for your convenience. The presence of a link does not imply that IMS Fund endorses the site or accepts any responsibility for its content. Your interactions with, business dealings with, or participation in promotions of any advertisers or third parties found on or through the Site or Services are solely between you and that third party. IMS Fund is not responsible or liable for any loss or damage arising from such dealings or promotions.
Opinions, advice, statements, offers, or other information or content made available through the Site or Services by parties other than IMS Fund belong to their respective authors and should not necessarily be relied upon. IMS Fund does not guarantee the accuracy, completeness, or usefulness of any such third-party content and does not adopt, endorse, or accept responsibility for it. Under no circumstances will IMS Fund be liable for any loss or damage resulting from your reliance on any information or content posted on the Site, transmitted through the Site, or provided by other users.
9. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site or the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to protect against viruses, to ensure the accuracy of data input and output, and to maintain a means external to the Site for reconstructing any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IMS Fund and its affiliates, licensors, service providers, employees, agents, officers, and directors make no warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Site or its content. Without limiting the foregoing, neither IMS Fund nor anyone associated with IMS Fund represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, uninterrupted, free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations.
TO THE FULLEST EXTENT PROVIDED BY LAW, IMS Fund HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
10. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL IMS FUND, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMS FUND BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless IMS Fund, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including any content or information you provide, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
12. Communication and Privacy
You acknowledge and agree that we may use the contact information you provide to communicate with you about the Services. This includes:
- Sending you emails regarding important updates, changes, reminders, or special offers we believe may be of interest to you.
- If you provide a mobile phone number, contacting you by telephone calls (including robocalls and automated dialling systems) and SMS/text messages for the same purposes.
If you do not wish to receive these communications, you can opt out at any time by following the instructions in the message you receive or by reviewing your communication preferences in our Privacy Policy.
13. Term and Termination
These Terms are effective upon your use of the Site or Services and will remain in effect in perpetuity unless terminated. Either you or IMS Fund may terminate your account for any reason, without explanation, effective upon written notice to the other party. IMS Fund reserves the right to immediately suspend or terminate your access to the Services, without notice or explanation. We also may delete your account information or data from our Services and any other records at our sole discretion.
Terminating your account does not apply to or have any effect on any agreements with you and any other third party, including any lenders or other financial service providers you are connected with via our Service.
These Terms of Use were last revised on June 30, 2026.