Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Red Growth Capital LLC, doing business as Reddy Capital ("Reddy Capital," "we," "us" or "our"). They govern your use of reddy.capital, our online application, and any customer or partner portal we provide (together, the "Services").

Any revenue-based financing ("RBF") you receive is governed by the separate RBF agreement you sign with us. If these Terms and an RBF agreement conflict, the RBF agreement controls as to that financing.

Please read "Dispute resolution" below carefully. It requires disputes to be resolved by individual arbitration and includes a waiver of jury trials and class actions, unless you opt out as described there.

2. Eligibility and business use

The Services are for business purposes only. To use them you must be at least 18 years old, located in the United States, and authorized to act for the business on whose behalf you use them. If you do not agree to these Terms, do not use the Services.

3. Our products and offers

We provide RBF to businesses. We do not offer financing for personal, family or household purposes.

Nothing on our website is an offer or commitment to provide financing. Amounts, rates, timelines and examples shown on the site are illustrative. The terms of any financing are set only in an RBF agreement signed by you and by us, and an approval is not final until that agreement is signed.

Where state law requires specific commercial-financing disclosures, we provide them to you at the time and in the manner the law requires, separately from these Terms.

4. Applying for financing

When you apply, you authorize us to obtain and use consumer credit reports on business owners, business credit reports, identity-verification and fraud-prevention results, and the bank account data you choose to share through Plaid, as described in our Privacy Policy.

You confirm that the information you provide is accurate, current and complete, and that you have authority to provide it and to act for the business. You agree to tell us promptly if any of it changes.

Funding decisions are made by our underwriting team. We may decline any application at our discretion.

5. Accounts and security

If you create an account for a customer or partner portal, you agree to keep your information accurate and your login credentials confidential, and you are responsible for activity under your account. Tell us right away at legal@reddy.capital if you suspect unauthorized access. We may suspend or close accounts that we believe violate these Terms or present a security or fraud risk.

6. Calls, texts and email

By giving us a phone number or email address, you agree that Reddy Capital and our service providers may contact you there about your application, account, payments, renewals and collections, and to send required notices. These contacts may include calls and text messages sent using automated technology, prerecorded or artificial voice messages, AI assistants, and email. Calls may be recorded.

We send marketing calls and texts only with your prior express written consent, and that consent is never a condition of receiving financing. Message frequency varies, and message and data rates may apply. Reply STOP to stop texts or HELP for help, and use the unsubscribe link to stop marketing email. Messages about your application or account may continue after you opt out of marketing, as the law allows. See our Privacy Policy for details.

7. Electronic signatures and records

You agree to receive agreements, disclosures, notices and other records from us electronically, and to sign documents electronically, under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act. Electronic records and signatures have the same effect as paper ones.

You confirm you can access, view and keep electronic records, such as PDF files, and you agree to keep your email address current. You may request a paper copy of a record, or withdraw your consent to electronic records for the future, by writing to legal@reddy.capital. Withdrawing consent may mean we can no longer provide some Services online.

8. Acceptable use

You agree not to:

• Use the Services for any unlawful or fraudulent purpose, or submit false or misleading information.
• Access, or try to access, accounts, systems or data you are not authorized to use.
• Interfere with or disrupt the Services, or test their security without our written permission.
• Upload viruses or other harmful code.
• Copy, scrape or extract data from the Services by automated means, or use them to build a competing service or train a machine-learning model.
• Impersonate any person or misrepresent your relationship with a business.

9. Our content and your license

The Services, including their content, design, software and trademarks, belong to Reddy Capital or its licensors and are protected by law. As long as you follow these Terms, we give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Services for your dealings with us. No other rights are granted.

10. Feedback

If you send us ideas or suggestions, you agree we may use them for any purpose without obligation to you.

11. ISOs and referral partners

If an independent sales organization (ISO) or referral partner introduced you to us, that partner is an independent business, not our employee or agent. A partner cannot make promises, approve financing or change terms on our behalf. Only a signed RBF agreement sets the terms of your financing.

12. Third-party services

The Services may connect to or link to services run by others, such as Plaid for bank connections and e-signature providers. Those services are governed by their own terms and privacy policies, and we are not responsible for them.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. INFORMATION ON THE SITE IS GENERAL AND IS NOT FINANCIAL, TAX OR LEGAL ADVICE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, REDDY CAPITAL AND ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

This section does not apply to amounts owed or obligations under an RBF agreement, which are governed by that agreement, and it does not limit any liability that cannot be limited by law.

15. Indemnification

You agree to defend, indemnify and hold harmless Reddy Capital and its officers, employees and agents from claims, losses and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of law or the rights of others, or information you submit that is inaccurate.

16. Dispute resolution

Except as described below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator in Harris County, Texas. The Federal Arbitration Act governs this section, and judgment on the award may be entered in any court with jurisdiction.

YOU AND REDDY CAPITAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of different parties. If this class-action waiver is found unenforceable as to a claim, that claim will be decided in court and the rest of this section will still apply.

Either party may instead bring an individual claim in small-claims court, and either party may ask a court for injunctive relief to protect intellectual property or confidential information. Nothing in this section prevents you from contacting a government agency or regulator.

You may opt out of this arbitration section by emailing legal@reddy.capital with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

Disputes about an RBF agreement are resolved as that agreement provides.

17. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for the arbitration section. For any dispute not subject to arbitration, you and Reddy Capital agree to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

18. Suspension and termination

We may suspend or end your access to the Services at any time, including if we believe you have violated these Terms or the law, or to protect the Services or other users. You may stop using the Services at any time. Sections that by their nature should continue, including those on content, disclaimers, limitation of liability, indemnification, dispute resolution and governing law, continue after termination.

19. Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page and change the date at the top, and we will give additional notice of material changes where required. Continuing to use the Services after an update takes effect means you accept the updated Terms.

20. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may transfer them in connection with a merger, acquisition, financing or sale of assets. These Terms, together with our Privacy Policy and any RBF agreement, are the entire agreement between you and us about the Services.

21. Contact us

Questions about these Terms, legal notices and arbitration opt-outs can be sent to Red Growth Capital LLC, dba Reddy Capital, at legal@reddy.capital or 1-833-61-REDDY.