Last modified: September 1, 2021
These Terms apply to: (i) all users of our App; and (ii) all applicants to, and users of our Service. All references to "You” or “you” include: (i) users of our App, (ii) the Customers of our Service and (iii) the authorized individuals that are using the Account, and Service, on behalf of our Customers.
Unless the App and Service are separately referred to in these Terms, all references herein to the “Services” shall include both the App and the Service.
a. “Invoice Advance” means the cash amount provided to a Customer by Aion for Invoices that are submitted through the Invoice Advance Service.
b. “Invoice Advance Service” means a transaction involving the Invoices, whereby Aion provides the Customer with a cash advance in an amount less than or equal to the aggregate dollar amount of the Invoices.
c. “Loan Agreement” means a contractual agreement between Aion and a Customer approved for the Invoice Advance Service by Aion, which sets forth the provisions and conditions of Aion's Customer’s Invoices and/or providing cash.
d. “Customer” means a Business that has created an Account for use of the Service, and/or has been approved for a specific Service by Aion.
e. “Business Credit Financing Service” means a loan transaction whereby Aion provides a Customer with a non-revolving or revolving credit facility (i.e., line of credit) that shall be used by the Customer to steady/grow their business or that shall be utilized by the Customer to fund the documented Invoices/sales revenue issued by the Customer in the course of providing goods and services to its clients.
g. “Invoice” means the outstanding invoices the Customer generates as part of its typical business activity.
2. Acceptance of Agreement.
a. By using this App, and/or applying to use, or using, the Service, you acknowledge and agree that you have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with Aion (and any Aion affiliate may enforce these Terms as a Third-Party beneficiary thereof). If you do not agree to comply with and be bound by these Terms, please do not accept these Terms or access or use the App and/or Service.
b. Aion’s Advance Service and Business Credit Financing Service are components of Aion’s Services, and therefore, Customers utilizing either are subject to these Terms. However, the provisions and conditions of the Advance Service shall be governed by an Advance Agreement, while the provisions and conditions of the Business Credit Financing Service shall be governed by a separate Non-Revolving or Revolving Credit Agreement.These Agreements must be properly executed before the Advance Service or Business Credit Financing Service (as appropriate) may be utilized and will be provided to Customers in conjunction with Aion’s approval of the appropriate transaction contemplated.
c. Consent to Electronic Transactions and Disclosures. Because you are using the App on the Internet, it is necessary for you to consent to transact business with us online and electronically. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any loans you may request or receive, your use as user on our App, any funding, the servicing of any loan, if funded as a borrower (each, a “Disclosure”), from us.
d. Scope of Electronic Consent. Your consent is applicable to receive Disclosures and transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate, whether between you and Aion. Your consent will remain in effect as long as you are user of the App and, if you are no longer user of the App, will continue until such a time as all Disclosures relevant to transactions that occurred while you were user have been made.
e. Consenting to Do Business Electronically. Before you decide to do business electronically with Aion, you should consider whether you have the required hardware and software capabilities described below.
f. Consent to Telephone Calls. You also express consent to receiving servicing, collection and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
g. Additional Mobile Technology Requirements. If you are accessing our App and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store.” If you do not have these capabilities on your mobile device, please access this through a device that provides these capabilities.
h. Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post any funding requests on our App. If you have a pending request on our App, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
i. How to Contact Us. You can contact us via email at email@example.com.
a. US Businesses Only. The Service is currently only provided for Businesses in the United States. If your Business is not located in the United States, then please do not create an Account.
b. While any person can access the App, the Service is only intended for use by businesses, companies and organizations (each a “Business”). The Service is not intended for use by individuals in their personal capacity. You will not use the Service for personal, household, or family purposes. An individual may only apply to use, and use, the Service on behalf, and with the authorization, of a Business.
a. In order to use the Service, a Business must create an account (" Account"). You may only create an Account if you do so on behalf of a Business. If you create an Account on behalf of a Business then you represent and warrant that you are over the age of 18 years and have full authority to: (i) bind said Business to these Terms (if it has not already done so); and (ii) use the Service on behalf of the Business that you are registering a Service account for. If you do not have the foregoing authority you must not create an Account or apply to use, or access or use, the Service on behalf of the Business.
b. We reserve the right in our sole discretion to refuse to approve the creation of an Account.
c. If you create an Account for a Business, then the Business will become our Customer. Please be aware that these Terms are a binding legal agreement between the Customer named in the Account and Aion (and any Aion affiliate may enforce these Terms as a third-party beneficiary thereof).
d. Customer must not allow anyone other than its authorized employees or agents acting on its behalf (“Authorized User”) to access and use its Account. Customer acknowledges and agrees: (i) to provide accurate and complete Account and login information when creating an Account; (ii) to keep, and ensure that Authorized Users keep, all Account login details and passwords secure at all times; (iii) that Customer remains solely responsible and liable for the activity that occurs in connection with Customer’s Account, (iv) that if separate login details are provided for different Authorized Users then the login details for each Authorized User may only be used by that Authorized User, and that multiple people may not share the same login details; and (v) to promptly notify Aion in writing if Customer becomes aware of any unauthorized access or use of its Account or the Service. If Customer wishes to delete its Account Customer may send an email request to firstname.lastname@example.org.
e. You agree not to use a Customer’s account without its permission and authorization to do so.
6. Background Checks.
If Customer creates or registers an Account with Aion, Customer hereby agrees and consents that we may perform an initial background check (and subsequent periodic follow-up checks) on Customer and any of its directors and/or officers to help us determine Customer’s suitability for a Service and/or Aion’s Business Credit Financing Service Business or whether Aion is willing to approve the Customer’s Invoices through the Invoice Advance Service from us (each a “Background Check”). Each Background Check may, without limitation, include a review of the following information, which Customer hereby expressly authorizes and consents to,: (i) Customer’s Data; (ii) whether Customer, or any of its directors and officers, has any state or federal convictions and criminal records; (iii) information that is publicly available about Customer and/or any of its directors and officers; (iv) credit history; (v) whether Customer, or any of its directors and officers, have ever been declared bankrupt and (vi) information that we obtain from Third-Party service providers, including information derived or prepared by third-party data aggregation and analysis companies. Customer agrees to cooperate with Aion with respect to Background Checks and shall promptly, upon request, provide (or sign) any information, documentation and/or consent that we may require performing a Background Check. For the avoidance of doubt, Customer is responsible to obtain and maintain the consent of its directors and officers for us to perform a Background Check on them (solely for the purposes set forth in these Terms), and will defend, indemnify and hold us harmless from any failure by Customer to do so. Customer acknowledges that any failure to provide the foregoing information and said cooperation may preclude Customer from being: (i) approved to participate in our Advance Service and/or obtain a non-revolving or revolving line of credit through our Business Credit Financing Service Advance or (ii) able to sell its Invoices to us through our Advance Service.
7. Third-Party Software Products
b. Authorization. If Customer chooses to connect or interact with a Third-Party Software Product then Customer: (i) hereby grants us authorization to access Customer’s Third-Party Software Product Account in accordance with the rules for doing so prescribed by the Third-Party Software Product provider; and (ii) agrees to cooperate with us and provide any information that we or the Third-Party Software Product provider may request in order to enable us to access Customer’s Third-Party Software Product Account. We will only access and use Customer’s Third-Party Software Product in order to: (i) provide the Service to Customer.
c. Data. If Customer connects or interacts with a Third-Party Software Product, then we will collect certain data and materials from that Third-Party Software Product (“Third-Party Software Product Data”). We only collect Third-Party Software Product Data that the Third-Party Software Product provider enables us to collect by utilizing the Third-Party Software Product provider’s “connect” tool. If we collect Third-Party Software Product Data then we may use it to: (i) provide the Service to Customer (collectively, “Data Uses”). Customer hereby provides its express consent for us to collect and use Customer’s Third-Party Software Product Data. Please also see Section “Customer Data”, below, which includes additional information about our collection and use of Third-Party Software Product Data.
d. Aion Credentials. If we provide Customer with any Aion credentials, identification or other information to enable Customer to connect with a Third-Party Software Product, Customer agrees not to use said information for any purpose except to connect to the Third-Party Software Product as part of Customer’s participation in the Service.
e. Customer acknowledges that any failure to take any of the steps described in Sections 7.a (Connection and Interaction), 7.b (Authorization), and 7.c (Data) of these Terms, above, may restrict us from enabling a connection or interaction with Customer’s Third-Party Software Product Account and may prevent Customer from being able to apply for and/or use our Service.
8. Customer Data.
a. Customer may choose to provide, transmit, upload, import or make accessible certain data, including without limitation Third-Party Software Product Data, to us (collectively, “Data”) for us to use in connection with the Service. We will use Customer’s Data to provide our Service to the Customer. In addition, we may use Customer’s Data to send messages to recipients of Customer’s Invoices regarding the Service unless otherwise requested by Customer or the applicable recipient. Customer hereby provides its express consent for us to collect and use Customer’s Data for the foregoing purposes. Customer retains ownership of its Data.
c. Customer represents and warrants that: (i) it owns or has obtained the right to all of the intellectual property rights subsisting in its Data, and has the right to provide Aion the license granted herein to such Data; (ii) Customer’s Data is accurate, current and complete; (iv) Customer’s Data is not misleading or false; (iv) Customer’s Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any Third-Party; and (v) Customer’s Data does not contain any protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or similar federal or state laws, rules or regulations or other medical or health information identifiable with a particular individual (“Sensitive Data”);. Customer shall remain solely responsible and liable for its Data, including without limitation for our reliance upon Customer’s Data in order to provide the Service to Customer, and Customer agrees to indemnify and hold us harmless, and expressly release us, from any and all liability arising from the foregoing.
d. Customer consents to Aion’s collection of data as part of the Services, including collection of data from accounting software and bank accounts for decision making to fund a business.
e. Customer acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not store all of the Data that Customer may provide, upload, import, or otherwise generate during Customer’s use of the Service; (ii) Customer is solely responsible for the backup of its Data; and (iii) Customer will lose access to any Data that Customer deletes.
You shall not, and shall not permit any Third-Party to: (i) copy, distribute or modify any part of the Services or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) decompile, disassemble, reverse-engineer, or derive or attempt to derive the source code form of, the Services; (iii) disrupt any servers or networks connected to the Services; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Services; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Services; (vii) use the Aion name, logo or trademarks without our prior written consent; (viii) use the Services to develop a competing service or product; and/or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
10. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
11. Intellectual Property Rights.
a. Content and Marks. The: (i) text, documents, articles, blogs, descriptions, graphics, photos, sounds, videos and interactive features on the App and Service (collectively, the “Materials”), (ii) App and Service products, services and software (collectively, the " Software", and together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained therein (" Marks"), are the property of Aion and our affiliates and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The Content does not include your Data. ‘Aion’, the Aion logo, and other marks are Marks of Aion or our affiliates. All other trademarks, service marks, and logos used on the App and Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
b. Use of Content. The Content on the Services is provided to you on an ‘as is’ and ‘as available’ basis. The Content on the Service is for your use of the Service only, and the Content on the App is for your informational and personal use only. The Content may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein. If you download or print a copy of any Content, you must retain all copyright and other proprietary notices contained therein.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Services, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Aion, its users or the public.
13. Warranty Disclaimers.
b. AION DOES NOT OPERATE AS A BROKER OR AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. WE DO NOT PROVIDE FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE. YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
c. AION IS NOT ACTING AS A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS SUCH TERMS ARE DEFINED AND USED IN HIPAA) AND THE SERVICES PROVIDED BY AION ARE NOT HIPAA COMPLIANT. AION HAS NO LIABILITY UNDER THIS AGREEMENT FOR SENSITIVE DATA.
You agree to defend, indemnify and hold harmless Aion and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; and (iii) your transmission of Sensitive Data to Aion.
15. Limitation of Liability.
a. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AION SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF AION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
b. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AION FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO AION FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
16. Term and Termination.
These Terms are effective until terminated by Aion or you. We, in our sole discretion, have the right to terminate these Terms and/or discontinue your access to the App and/or Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Aion shall not be liable to you or any Third-Party for termination of the App or Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services.
17. Independent Contractors.
You and Aion are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Aion. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Aion.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Aion without restriction or notification to you.
If a dispute of any kind arises between you and Aion, you and Aion agree that this Dispute will be resolved in accordance with the provisions set forth in this section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
a. Contact Aion. If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction and, if we are unable to do so, provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact Aion support at email@example.com.
b. Governing Law. These Terms and the relationship between you and Aion shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law or conflict of laws principles that would require application of law of a different jurisdiction.
c. Agreement to Arbitrate. Any Dispute will be resolved in accordance with the arbitration agreement set forth in this Section.
i. These Terms shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et. seq. You acknowledge and agree that these Terms are a contract evidencing a transaction involving commerce within the meaning of the FAA. The governing law for any and all Disputes shall be the laws of the State of where your Business is, without regard to its choice of law or conflict of laws principles. You and Aion each agree to arbitrate all Disputes. ANY DISPUTE WILL BE DECIDED IN ARBITRATION BY AN ARBITRATOR ONLY ON AN INDIVIDUAL BASIS WITHOUT A JUDGE OR JURY; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER AION USERS.
ii. All Disputes shall be resolved by a single arbitrator administered by the AAA under its Commercial Arbitration Rules. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. Any arbitration hearing will occur in San Jose, California. If the value of the relief sought is $10,000 or less, you or Aion may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Aion subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Aion, unless the arbitrator requires otherwise. The arbitrator shall not be bound by rulings in prior arbitrations involving different Aion users. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. For purposes of this arbitration provision, references to you and Aion also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Aion services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the non-exclusive jurisdiction and venue in the state courts of California.
iii. Arbitration with respect to any Dispute must be commenced within one year after the Dispute accrues as determined by reference to the rule of decision governing the Dispute. If the arbitration is not timely commenced, both the right of action and the remedy are barred. Without waiving or limiting the foregoing, to the extent any Dispute is adjudged non-arbitrable, the one-year limitation shall also apply to the commencement of any judicial proceeding.
21. Electronic Signature.
With respect to these Terms, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
22. Right to Amend.
Aion has the right to change or add to these Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at aionfi.com or any other website maintained or owned by us for the purposes of providing the Service. Such change will be effective ten (10) days following posting of the revised Terms on the App. If you do not agree to any amendment to the Agreement, you must stop using the App and Services. Any use of the Service after our publication of any such changes shall constitute your acceptance of these Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the Dispute arose.
Please don’t hesitate to reach out at firstname.lastname@example.org.