Terms of Use
DRAFT TEMPLATE — This document is not legal advice and has not been reviewed or approved by an attorney. It must be reviewed, completed, and approved by qualified legal counsel before publication or use.
These Terms of Use ("Terms") govern your access to and use of the website, forms, and services (collectively, the "Service") operated by Sunny Financing LLC ("Sunny Financing," "we," "us," or "our"). By accessing or using the Service, submitting a business-funding inquiry, or otherwise engaging with us, you agree to these Terms. If you do not agree, do not use the Service. These Terms take effect as of July 22, 2026. This is a draft template pending legal review and does not constitute legal advice.
1. What Sunny Financing Is (and Is Not)
Sunny Financing is a business-financing comparison and referral service. We collect a short business-funding inquiry and, with your consent, may share the information you provide with selected independent third-party financing providers who may contact you about their products.
Sunny Financing is NOT a lender, bank, credit union, licensed loan broker-of-record, or financial, legal, tax, or investment advisor. We do not originate, underwrite, fund, service, or make credit decisions on any loan or financing product. We do not set, approve, or guarantee any rates, amounts, fees, or terms.
All credit decisions, offers, pricing, and terms are made solely by the independent financing providers, in their own discretion and subject to their own criteria, agreements, and disclosures. Any financing relationship is strictly between you and the provider you choose to work with. Nothing on the Service is an offer or commitment to lend.
- We provide a referral/comparison service only.
- We do not lend money or make credit decisions.
- We do not guarantee that you will receive any offer, approval, or specific terms.
- We do not represent, and cannot cover, the entire financing market or every available provider.
2. Eligibility and Business/Commercial Use Only
The Service is intended exclusively for business and commercial financing purposes. It is not intended for personal, family, or household (consumer) purposes, and any financing you may pursue through a provider is represented by you to be for business or commercial use.
By using the Service, you represent and warrant that: (a) you are at least 18 years old and of legal age to form a binding contract; (b) you are located in the United States and are inquiring about financing for a U.S.-based business; (c) you are the business owner or an authorized representative with authority to submit the inquiry and to authorize us to share the information provided; and (d) all information you submit is true, accurate, current, and complete.
If you do not meet these eligibility requirements, you may not use the Service.
3. No Guarantee of Approval, Offers, or Terms
Submitting an inquiry does not guarantee that you will be matched with any provider, that any provider will contact you, or that you will receive any offer, approval, or particular financing amount, rate, or term. Any examples, ranges, timelines, or product descriptions on the Service are illustrative only and are not offers, promises, or guarantees.
We do not represent that the providers we work with offer the 'best,' 'lowest,' or most favorable terms available, and we do not compare or cover the whole market. You are responsible for independently reviewing and comparing any offer, including all rates, fees, and terms, before accepting it, and for seeking independent professional advice as appropriate.
4. Relationship With Independent Providers and Compensation Disclosure
The financing providers we may refer you to are independent third parties. They are not our agents, partners, employees, or affiliates, and we do not control and are not responsible for their products, decisions, conduct, communications, privacy practices, or the terms of any financing they may offer.
How we are paid: Sunny Financing may receive compensation from participating providers when we refer an inquiry to them or when a referral results in a completed transaction. This compensation may influence which providers participate in the Service and how they are presented. It does not add a separate charge to you for using our referral service; however, providers set their own rates and fees, which you should review directly with them.
Because we may be compensated by providers, our Service should not be treated as impartial, comprehensive, or personalized financial advice. You should evaluate each provider and offer independently and consult your own advisors.
5. Your Consent and the Information You Provide
The inquiry form collects limited business-funding information. It does NOT collect Social Security numbers, full bank-account numbers, banking login credentials, tax returns, government-issued identification numbers, full date of birth, or payment-card data. Please do not submit this type of sensitive information to us; if a provider later requires it, provide it directly to that provider through their own secure process, not through Sunny Financing.
Where the Service asks you to confirm your consent — including consent to be contacted, consent to have your inquiry shared with third-party providers, confirmation that your request is for a business/commercial purpose, and confirmation that the information you provide is accurate — those confirmations are a condition of the corresponding functionality. You may decline, but doing so may prevent us from processing or referring your inquiry.
You are responsible for the accuracy of the information you submit. Providers may rely on it, and inaccurate or incomplete information may affect whether you are contacted or the terms any provider may offer. Our collection and handling of your information is described further in our Privacy Policy.
6. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for your conduct and for all information you submit.
- Do not submit false, misleading, fraudulent, or unauthorized information, or impersonate any person or business.
- Do not submit another person's or business's information without authorization.
- Do not use the Service for any unlawful, harmful, or abusive purpose, or in violation of any applicable law or regulation.
- Do not attempt to gain unauthorized access to the Service, interfere with or disrupt it, or introduce malware, bots, scrapers, or automated data-collection tools.
- Do not copy, reproduce, resell, or exploit any part of the Service except as expressly permitted.
7. Intellectual Property and Third-Party Links
The Service and its content — including text, graphics, logos, layouts, and software — are owned by Sunny Financing LLC or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the Service without our prior written permission. Trademarks, logos, and brand names displayed on the Service are the property of their respective owners.
The Service may contain links to, or information from, independent third-party websites, including financing providers. We provide these links and references for convenience only and do not endorse, control, or assume responsibility for any third-party site, content, product, or practice. Accessing third-party sites is at your own risk and subject to their terms and policies.
8. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any inquiry will result in a match, contact, or offer. We make no warranty regarding any provider or any provider's products, decisions, or terms. Nothing on the Service is financial, legal, tax, or investment advice, and you should consult your own qualified professionals.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Sunny Financing LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY REFERRAL, OR ANY DEALINGS WITH A PROVIDER, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY.
We are not responsible or liable for the acts, omissions, decisions, products, or terms of any independent financing provider. Your sole remedy for dissatisfaction with the Service is to stop using it.
TO THE EXTENT ANY LIABILITY CANNOT BE DISCLAIMED, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED [LIABILITY_CAP_AMOUNT] OR THE AMOUNT YOU PAID US FOR THE SERVICE (IF ANY), WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Sunny Financing LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any information you submit, including its accuracy and your authority to submit it; or (e) any dealings between you and a financing provider.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.
[ARBITRATION AND DISPUTE-RESOLUTION PLACEHOLDER — To be drafted and reviewed by legal counsel. If an arbitration provision and/or class-action waiver is desired, insert the agreed arbitration clause here, including the administering body, rules, venue [ARBITRATION_VENUE], individual-arbitration requirement, and any opt-out procedure. Consumer-arbitration and enforceability rules vary by state; do not rely on this placeholder as an operative clause.]
Subject to any binding arbitration provision ultimately adopted, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Illinois, and you consent to their jurisdiction and venue.
12. Changes, Termination, and Contact
We may modify these Terms at any time. When we do, we will update the effective date above and post the revised Terms on the Service. Your continued use after changes take effect constitutes acceptance of the revised Terms. We may also modify, suspend, or discontinue any part of the Service, and may restrict or terminate your access at any time, with or without notice, for any reason, including violation of these Terms.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. These Terms, together with any policies referenced here (such as the Privacy Policy), constitute the entire agreement between you and us regarding the Service.
Questions about these Terms may be directed to: Sunny Financing LLC, 1449 S Michigan Ave STE 13982, Chicago, IL 60605, email support@sunnyfinancing.com. For privacy-related inquiries, contact info@sunnyfinancing.com.
REMINDER: This is a draft template and not legal advice. It must be reviewed, completed (including all bracketed placeholders), and approved by qualified legal counsel licensed in the applicable jurisdiction before it is published or relied upon.
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