Terms of Service

By accessing, browsing, or using https://icg-funding.com, any subdomain, or submitting an online funding application (collectively, the “Site”), you agree to these Terms of Service (the “Terms”) and to our Privacy Policy and E-SIGN Consent. If you do not agree, do not use the Site.

These Terms form a binding agreement between you and Infinite Capital Group, a New York corporation, doing business as “ICG Funding” (“ICG Funding,” “we,” “us,” “our”). Acceptance by you includes acceptance on behalf of any business you are authorized to represent.

The Site, the online application, and all financing offered by ICG Funding are provided exclusively for commercial, business, or agricultural purposes, and are not for personal, family, or household use. You represent and warrant that any application, communication, or agreement you submit or enter into through the Site is for a bona fide commercial purpose and that you are authorized to bind the business on whose behalf you are applying.

Because ICG Funding’s financing is for commercial purposes, most consumer-finance statutes, including the federal Truth in Lending Act (TILA) and Regulation Z, do not apply. Our commercial products are still subject to the state-level commercial- financing disclosure laws described on our Responsible Lending page, and those disclosures will be delivered to you with any offer in a covered state.

You represent and warrant that:

• You are at least 18 years old (or the age of majority in your state).
• You are a natural person, not a bot or automated agent, and you have not been previously suspended or removed from using the Site.
• You are an owner, officer, or duly authorized representative of the business on whose behalf you are applying, with authority to bind that business.
• You are located in the United States, and the business on whose behalf you are applying is organized in and principally operates from the United States.
• You are not listed on, and do not act for a party listed on, any U.S. government sanctions list, including the OFAC Specially Designated Nationals and Blocked Persons List.

The Site is not directed at consumers outside the United States; we do not intentionally market to or evaluate funding applications from persons or entities outside the United States.

Nothing on the Site, including illustrative rates, factor ranges, funded amounts, case studies, product pages, eligibility estimators, or calculator outputs, is an offer, commitment, or pre-approval to lend or to provide any form of financing. All offers are contingent on underwriting review, verification of information you submit, a signed funding agreement, and clearance of any required identity, fraud, or anti-money-laundering checks.

ICG Funding offers a range of commercial financing products, each with its own legal character:

• Revenue-based funding / business cash advance (BCA).A purchase and sale of a specified percentage of the business’s future receivables for a discounted purchase price. This product is nota loan, does not accrue interest, and repayment is contingent on the business’s actual receipts.
• Term loan. A closed-end commercial loan repayable on a fixed schedule at an annualized rate disclosed in the loan agreement.
• Business line of credit. A revolving commercial credit facility. Interest accrues only on drawn balances.
• Invoice factoring / AR financing. Sale of eligible B2B invoices at a discount, or an advance against those invoices, as specified in the factoring agreement.
• Bridge capital. A short-term commercial loan intended to be retired by a specific exit event.
• Equipment financing. A commercial loan or equipment-finance agreement secured by the financed equipment.
• SBA 7(a).A commercial loan made under the U.S. Small Business Administration’s 7(a) program, where applicable through ICG and its SBA lending partners.

When you accept an offer, the terms of that specific financing agreement, not anything on the Site, govern the financing.

ICG Funding acts in its capacity as a commercial funder or lender. Nothing on the Site, in any email or phone conversation with an ICG representative, or in any funding agreement creates a fiduciary relationship with you or your business, nor does it constitute legal, tax, accounting, financial-planning, investment, or regulatory advice. You should consult your own independent advisors before entering into any financing.

ICG Funding is not a bank. ICG Funding is not a registered investment advisor. ICG Funding does not offer or sell securities through the Site.

Rates, factor rates, funded amounts, funding timelines, case-study outcomes, approval-rate statistics, calculator outputs, and similar figures shown on the Site are illustrative and not typical. Individual results depend on underwriting, the specific product, state of domicile, time in business, revenue quality, credit profile, industry, and other factors. Past results do not guarantee future outcomes.

Any forward-looking statement on the Site, including descriptions of how quickly funds may arrive, how long an application may take to review, or what pricing may be available, is based on assumptions current as of the date it was written. Actual outcomes may differ materially, and we expressly disclaim any obligation to update forward-looking statements.

You are responsible for the accuracy and completeness of information you submit through the Site, and for safeguarding any credentials or one-time codes delivered to you. You agree to notify us immediately at security@icg-funding.com if you suspect unauthorized access, impersonation, or misuse of your application or account.

Submitting false, misleading, incomplete, or fraudulent information in a funding application is grounds for denial, rescission, referral to law enforcement, and recovery of funds and costs. If you submit information on behalf of a business, you warrant that you have the authority to do so and that the information is accurate to the best of your knowledge.

When you submit an application or check a box authorizing us to do so, you authorize ICG Funding and its service providers to:

• Obtain consumer and business credit reports and scores about you and your business from Experian, Equifax, TransUnion, Dun & Bradstreet, Experian Business, Paynet, and similar agencies, for the permissible purpose of evaluating your application, including for account review, collection, and account-management purposes during the life of any funding;
• Verify identity and detect fraud through KYC / anti-money-laundering providers, OFAC screening tools, and device-fingerprinting services;
• Access read-only business bank-account data through DecisionLogic or a similar aggregator to verify revenue and cash-flow patterns, at your direction and under your bank’s authentication flow;
• Contact banks, landlords, accountants, and other references you provide, and verify UCC filings, Secretary-of-State records, court records, and tax liens; and
• Share the information you provide with capital partners whom we may assign, refer, or co-fund your file with, in which case we will identify the partner to you.

These authorizations continue for as long as an application is pending and for any active funding relationship that results. You may withdraw them for any open application at any time by emailing privacy@icg-funding.com. Withdrawal may stop application review.

By providing your phone number or email on the Site, you consent to receive messages from ICG Funding for application, servicing, account-management, fraud- prevention, and, with your separate marketing consent, promotional purposes. Messages may be delivered by email or phone call.

TCPA disclosure. Where you expressly opt in, you consent to receive calls and, if ICG offers them, text messages from ICG Funding at the telephone number you provide, including calls and texts sent using an automatic telephone dialing system or an artificial or prerecorded voice, for application, account, and servicing purposes. Consent is not a condition of obtaining any ICG Funding product. Standard message and data rates may apply. You can revoke consent at any time by replying STOP to any text message, by asking the caller to stop during a phone call, or by emailing privacy@icg-funding.com. See our unsubscribe page.

Call recording. ICG Funding may record or monitor phone calls for training, quality- assurance, compliance, and dispute-resolution purposes, where permitted by law. If you do not want a call recorded, please tell the agent at the start of the call.

Email. We comply with the CAN-SPAM Act. Every marketing email includes an unsubscribe link; transactional emails related to your application or account are not subject to opt-out while your account is open.

Testimonials, reviews, and case studies published on the Site reflect the experience of specific customers at a specific time. Individual results are not typical and your experience will differ. We do not pay or provide anything of value in exchange for a review unless we disclose that arrangement alongside the review, as required by the FTC’s Endorsement Guides (16 CFR Part 255). Reviews attributed to named individuals are published with those customers’ consent.

You agree not to:

• Submit false, misleading, incomplete, or fraudulent information on or through the Site.
• Use the Site in violation of any federal, state, or local law, regulation, or third-party right, including intellectual-property, privacy, and anti-discrimination laws.
• Use the Site to stalk, harass, threaten, or impersonate any person.
• Probe, scan, test the vulnerability of, or breach the authentication of, the Site or its networks, or interfere with or disrupt the Site, its security features, or its infrastructure.
• Use any robot, spider, crawler, scraper, or similar automated means to access, copy, collect, or mirror any portion of the Site, except as permitted by our robots.txt.
• Train any machine-learning or AI model on content from the Site, or feed content from the Site into any such model for retrieval, fine-tuning, or generation, except as permitted by our robots.txt, our llms.txt, and our ai-plugin manifest. Nothing on the Site is a grant of a text-and-data- mining right under Article 4(3) of EU Directive 2019/790.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Site.
• Use any information from the Site to send unsolicited commercial messages to ICG Funding or its employees, customers, or applicants.
• Frame, mirror, or commercially exploit the Site or its content without our express written permission.

We may suspend, restrict, or terminate your access at any time for a violation of these Terms. Violations may also give rise to civil damages or criminal penalties.

The Site and all content on it, including text, graphics, logos, icons, photos, images, audio, video, software, and the compilation, selection, and arrangement of any of them, are owned by ICG Funding or its licensors and protected by U.S. and international copyright, trademark, trade-dress, patent, and other intellectual-property laws.

Subject to your compliance with these Terms, ICG Funding grants you a personal, revocable, non- exclusive, non-transferable, non-sublicensable license to view and print content from the Site for your personal or internal business use in evaluating ICG Funding products. Any other use, including any reproduction, redistribution, resale, display, modification, or derivative work, requires our prior written permission.

“ICG Funding,” “Infinite Capital Group,” and the ICG logo are trademarks of Infinite Capital Group. All other trademarks are the property of their respective owners; use on the Site does not imply endorsement or affiliation.

If you submit feedback, suggestions, testimonials, reviews, or other materials to ICG Funding, whether through the Site, email, or otherwise, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, copy, modify, publish, distribute, display, and create derivative works from the materials for any purpose, including marketing, without further compensation to you. You represent that you own or control all rights necessary to make the grant above.

Do not send us confidential or proprietary information you do not want used as described. Do not send us personal health information about any person other than yourself or a person on whose behalf you are authorized to act.

The Site may contain links to or embed content from third-party websites, analytics and advertising providers, bank-data aggregators, and identity- verification vendors, including Google Analytics, Google Ads, Microsoft Clarity, Trustpilot, DecisionLogic, Sentry, Vercel Analytics, and others listed in our Cookie Policy. We do not control and are not responsible for the content, policies, or practices of third-party websites or services. Your use of third-party sites or services is at your own risk and is governed by their terms and privacy notices.

If you believe that content on the Site infringes your copyright, send a notice to our designated DMCA agent with the information required under 17 U.S.C. § 512(c)(3):

• Infinite Capital Group, Attn: DMCA Agent, 1315 Ave J, Brooklyn, NY 11230
• Email: dmca@icg-funding.com

Misrepresentations in a DMCA notice can subject the sender to liability for damages under 17 U.S.C. § 512(f).

The Site and all content, calculators, estimators, product descriptions, case studies, reviews, and third-party links are provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by law, ICG Funding and its affiliates disclaim all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy of informational content, and any warranty arising from course of dealing or usage of trade.

ICG Funding does not warrant that the Site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, that any defects will be corrected, or that any information on the Site is accurate, complete, or current. Calculator outputs, eligibility estimators, and factor-rate-to-APR conversions are for illustration only and are not Commercial Financing Disclosures.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the fullest extent permitted.

To the fullest extent permitted by law, in no event will ICG Funding, its affiliates, or any of their directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or business interruption, arising out of or related to your use of, or inability to use, the Site, whether the claim is based on contract, tort (including negligence), statute, or any other theory, and even if ICG Funding has been advised of the possibility of such damages.

ICG Funding’s aggregate liability for all claims arising out of or related to the Site or these Terms is limited to the greater of (a) one hundred U.S. dollars ($100) and (b) the amount you have paid to ICG Funding for use of the Site in the twelve (12) months preceding the first event giving rise to the claim (which is typically zero, because we do not charge for use of the Site).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or violations of non-waivable consumer-protection statutes.

You agree to defend, indemnify, and hold harmless ICG Funding, its affiliates, and their directors, officers, employees, agents, and licensors from and against any claim, demand, loss, liability, damage, fine, penalty, or expense (including reasonable attorneys’ fees and costs) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any law or third-party right, (d) your submission of false, misleading, or unauthorized information, or (e) the content or information you upload or submit to the Site. ICG Funding may assume the exclusive defense and control of any matter subject to indemnification; you will cooperate with ICG Funding’s defense.

Agreement to arbitrate. You and ICG Funding agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or the relationship between you and ICG Funding created by these Terms (excluding disputes arising out of an executed funding agreement, which are governed by the dispute-resolution clause in that agreement) will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration will be seated in New York, New York, or at another location mutually agreed. The Federal Arbitration Act (9 U.S.C. §§ 1 to 16) governs the interpretation and enforcement of this section.

Class-action waiver. You and ICG Funding each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or mass action. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, any class or representative claim will be severed and heard in a court of competent jurisdiction; the balance of this section will remain in effect.

Small-claims carve-out. Either party may bring a qualifying claim in a small-claims court of competent jurisdiction in lieu of arbitration, so long as the claim remains in that court and is brought on an individual basis.

Injunctive relief carve-out. Either party may seek temporary or preliminary injunctive relief in court, without bond where permitted, to protect its intellectual-property rights or confidential information, pending the outcome of arbitration.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to legal@icg-funding.com or by mail to Infinite Capital Group, Attn: Legal Opt-Out, 1315 Ave J, Brooklyn, NY 11230. The notice must state your name, address, the date you first accepted these Terms, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Subject to Section 19, the exclusive venue for any action arising out of or related to these Terms is the state or federal courts located in Kings County or New York County, New York, and each party consents to personal jurisdiction in those courts. Each party irrevocably waives any right to trial by jury in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any claim not subject to arbitration must be filed within one (1) year after the claim accrues, or it will be permanently barred, to the fullest extent permitted by law.

Force majeure. ICG Funding is not liable for any failure or delay caused by events outside its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, public-health emergencies, labor disputes, internet or utility outages, cyber-attacks, or governmental action.

Assignment.You may not assign these Terms or any rights or obligations under them without ICG Funding’s prior written consent, and any attempted assignment without consent is void. ICG Funding may freely assign these Terms to any affiliate or successor in connection with a merger, acquisition, reorganization, or sale of assets.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No waiver.A party’s failure to enforce a provision is not a waiver of the right to enforce it later. Waivers must be in writing and signed by the waiving party.

Entire agreement. These Terms, together with the Privacy Policy, E-SIGN Consent, and any page-specific notices referenced here, are the entire agreement between you and ICG Funding regarding use of the Site. The terms of any executed funding agreement control over these Terms with respect to that specific financing.

Survival. Sections 2, 4 to 7, 10 to 20, 22, and 23 survive termination of your access to the Site.

Headings and construction.Headings are for convenience only and have no interpretive effect. “Including” means “including without limitation.”

We may update these Terms from time to time. Updates take effect when posted, and the “last updated” date at the top of this page reflects the most recent revision. For material changes, we will provide a reasonable notice (by email, through a banner on the Site, or by other reasonable means) before the changes take effect. Your continued use of the Site after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree, stop using the Site and, if you have an active application or funding relationship, contact us at hello@icg-funding.com.

Questions about these Terms, or notices under them, can be sent to:

• Email: legal@icg-funding.com (legal) / hello@icg-funding.com (general)
• Phone: (646) 813-4633
• Mail: Infinite Capital Group, Attn: Legal, 1315 Ave J, Brooklyn, NY 11230

See also our Privacy Policy, E-SIGN Consent, Responsible Lending page, and Accessibility Statement.