Terms, Conditions & Disclosures

1. Agreement to Terms

These Terms, Conditions & Disclosures govern your use of the Early Bird Advance Inc. (“Early Bird Advance,” “EBA,” “we,” “us,” or “our”) website and certain services, communications, applications, and information provided through or in connection with our website. By accessing or using this website, you agree to these Terms, Conditions & Disclosures.

2. Business Funding Services

Early Bird Advance assists businesses seeking commercial funding by helping applicants identify and pursue potential funding options and by connecting qualified applicants with third-party funding providers. Early Bird Advance may assist with the collection, review, processing, and submission of application information and supporting documentation.

Funding products, eligibility requirements, underwriting criteria, pricing, terms, and conditions are determined by the applicable funding provider and may vary based on the applicant and the funding product.

3. Applicant Representations

By submitting an inquiry, application, document, or other information to Early Bird Advance, you represent that the information you provide is true, accurate, current, and complete to the best of your knowledge and that you are authorized to provide such information.

You agree to promptly notify Early Bird Advance of material changes to information previously provided and to provide additional information or documentation that may reasonably be requested in connection with evaluating or processing a business funding request.

4. Application and Verification Authorization

In connection with a business funding inquiry or application, you authorize Early Bird Advance and, where applicable, participating funding providers and their authorized service providers to verify information submitted in connection with the application.

Subject to the authorizations presented to you during the application process and applicable law, verification may include obtaining or reviewing information regarding the applicant, business, ownership, financial condition, bank activity, identity, creditworthiness, and other information reasonably related to evaluating a commercial funding request.

5. Credit and Investigative Reports

Where you provide the applicable authorization, Early Bird Advance and/or participating funding providers may obtain consumer or business credit reports, investigative reports, verification reports, or other information from credit reporting agencies, financial institutions, creditors, verification providers, and other lawful sources for purposes related to evaluating, processing, servicing, or completing a business funding request.

Any authorization to obtain such information is subject to the specific disclosures and consents provided in connection with the applicable application or transaction and to applicable law.

6. Authorization to Share Application Information

By requesting assistance locating or obtaining business funding, you authorize Early Bird Advance to disclose and transmit information and documentation submitted in connection with your request to potential funding providers and to service providers reasonably involved in evaluating, processing, verifying, or facilitating your request.

This information may include business information, ownership information, contact information, application information, financial information, bank statements, identification documents, and other materials submitted in connection with the funding request.

7. Third-Party Funding Providers

Funding providers are independent third parties and may maintain their own underwriting requirements, policies, terms, disclosures, privacy practices, and contractual requirements.

Early Bird Advance does not control the independent underwriting or funding decisions of third-party providers. Applicants should review all terms and documentation provided in connection with any funding offer before entering into a transaction.

8. No Guarantee of Approval or Funding

Submission of an inquiry, application, bank statement, or other documentation does not guarantee approval or funding. Early Bird Advance does not guarantee that any applicant will receive a funding offer or qualify for a particular product, amount, rate, cost, term, repayment structure, or funding timeline.

Approval and final funding remain subject to applicable underwriting, verification, documentation, funding-provider requirements, and other conditions.

9. Electronic Communications

By providing an email address or other electronic contact information, you agree that Early Bird Advance may communicate with you electronically regarding your inquiry, application, requested services, documents, account-related matters, or other communications permitted by law.

Certain promotional or marketing communications may be subject to additional consent requirements and opt-out rights.

10. Telephone and SMS Communications

If you separately provide consent to receive telephone calls or text messages from Early Bird Advance, communications may include information concerning your inquiry or application, requests for documents, status updates, service-related communications, and, where specifically authorized, promotional or marketing messages.

Consent to receive marketing calls or text messages is not a condition of obtaining business funding services. Message frequency may vary. Message and data rates may apply. Mobile carriers are not responsible for delayed or undelivered messages.

You may opt out of SMS messages by replying STOP. For assistance, reply HELP or contact support@earlybirdadvance.com .

Additional information regarding text communications and consent is available through our SMS Terms & Opt-In disclosures.

11. Protection and Use of Information

Early Bird Advance uses information collected through the website, applications, communications, and related services for purposes including processing funding requests, communicating with applicants, verifying information, identifying potential funding options, preventing fraud, maintaining records, operating our services, and complying with applicable legal obligations.

Additional information regarding our collection, use, disclosure, retention, and protection of information is available in our Privacy Policy.

12. Confidentiality and Security

Early Bird Advance takes reasonable administrative, technical, and organizational measures designed to protect information in its possession. However, no method of electronic transmission, processing, or storage can be guaranteed to be completely secure.

Applicants are responsible for using reasonable care when transmitting sensitive information and for maintaining the security of their own devices, accounts, credentials, and communications.

13. No Financial, Legal, Tax, or Accounting Advice

Information provided by Early Bird Advance or through this website is intended for general informational and commercial funding purposes. It should not be considered legal, tax, accounting, investment, or other professional advice.

Applicants should consult appropriate professional advisors regarding their individual circumstances when necessary.

14. Acceptable Use of the Website

You agree not to:

• Provide false, fraudulent, misleading, or unauthorized information;
• Use the website or application process for an unlawful purpose;
• Attempt to gain unauthorized access to our website, systems, or information;
• Interfere with the operation or security of the website;
• Introduce malware, harmful code, or other disruptive technology; or
• Misrepresent your identity or authority to act on behalf of a business.

15. Intellectual Property

Unless otherwise indicated, the Early Bird Advance name, website content, graphics, design elements, logos, text, and other materials appearing on this website are owned by or licensed to Early Bird Advance and may be protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, publish, or commercially exploit such materials without authorization, except as otherwise permitted by law.

16. Third-Party Websites and Services

Our website may contain links to or integrations with third-party websites or services. Early Bird Advance is not responsible for the content, availability, security, terms, or privacy practices of independent third-party websites or services.

17. Website Availability

We may update, modify, suspend, or discontinue portions of the website or its functionality from time to time. We do not guarantee that the website will always operate without interruption, delay, or error.

18. Disclaimer of Warranties

To the extent permitted by applicable law, this website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

19. Limitation of Liability

To the extent permitted by applicable law, Early Bird Advance will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to use of this website or reliance upon information made available through it.

Nothing in these Terms, Conditions & Disclosures is intended to exclude or limit liability that cannot lawfully be excluded or limited.

20. Privacy

Your use of the website and submission of information are also subject to our Privacy Policy. We encourage you to review that policy before submitting personal or financial information.

21. Changes to These Terms

Early Bird Advance may update these Terms, Conditions & Disclosures from time to time. When changes are made, the “Last Updated” date at the top of this page may be revised. Updated terms become effective when posted, except where applicable law requires otherwise.

22. Governing Law

These Terms, Conditions & Disclosures are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable law requires otherwise.

23. Contact Us

Questions regarding these Terms, Conditions & Disclosures may be directed to: