Terms of Use

Effective Date: 07.07.2025

These Terms of Use (“Terms”) govern your access to and use of the Cash Advance – BorPay Loan App (the “App”), operated by CASH ADVANCE BORPAY.IO LLC (“Company,” “we,” “us,” or “our”). By using the App, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference.

Please read these Terms carefully. If you do not agree with any part of these Terms, you must not use the App or the services it provides.

The App allows eligible users to apply for and manage financial services, including cash advances and personal loans. All financial offers and decisions are made based on the information you provide and your continued compliance with these Terms and applicable laws.

1. Loan Terms Overview

The App provides access to short-term and longer-term financial services designed to help users manage cash flow, unexpected expenses, and general financial needs.

1.1 Types of Financial Products

The App offers access to two types of loan products:

Cash Advances: Small, short-term amounts (e.g., $100–$500) to cover immediate expenses or income gaps. These are typically repaid in a single payment or short repayment cycle.
Personal Loans: Larger installment-based loans, generally repaid over several months. These may be used for broader financial goals, such as medical expenses, car repairs, or debt consolidation.

1.2 Annual Percentage Rate (APR)

The Annual Percentage Rate (APR) represents the total cost of borrowing on an annualized basis, including interest and any applicable fees.

The APR for cash advances and loans available through the App may be up to 35%, depending on your eligibility, selected loan product, repayment term, and other risk-related factors.

1.3 Repayment Terms

Repayment periods range from a minimum of 90 calendar days to a maximum of 24 months (2 years).
Specific repayment terms for each loan will be disclosed prior to acceptance and confirmed in the loan agreement presented to you during the application process.
Early repayment may be allowed without penalty, depending on the loan product.

1.4 Fees and Charges

Some loan products may include origination fees, late fees, or processing fees, all of which will be clearly disclosed before you accept the loan.
There are no hidden fees. You will always have access to a transparent breakdown of any costs associated with your loan.

1.5 Loan Eligibility

Loan eligibility is determined based on various factors, which may include but are not limited to:

Verification of identity and income
Employment status and bank account history
Previous repayment behavior within the App
Information submitted during the loan application process

We reserve the right to update or modify eligibility criteria at any time in accordance with applicable laws and internal risk assessments.

1.6 Acceptance of Loan Terms

By accepting a loan offer through the App, you agree to the terms of the loan agreement presented to you. It is your responsibility to review and understand all terms, including repayment schedule, fees, and total cost of borrowing, before confirming acceptance.

2. Eligibility

To use the Cash Advance – BorPay Loan App and access financial services offered through the platform, you must meet the following eligibility criteria. By creating an account and submitting a loan application, you represent and warrant that:

2.1 Age Requirement

You are at least 18 years old or the age of legal majority in your state of residence (whichever is greater).

2.2 Residency

You are a legal resident of the United States with a valid U.S. residential address.
You are physically located in the U.S. at the time of applying for a loan or using the App.

2.3 Identification and Verification

You agree to provide accurate and complete personal information, including but not limited to:

Full legal name
Date of birth
Social Security Number or other government-issued ID (if requested)
Contact information (email address and mobile phone number)

You also agree to complete any identity verification processes we or our partners may require, including:

Submitting documents for identity and income verification
Connecting your bank account securely through a supported provider
Allowing limited access to payroll or deposit data, where applicable

2.4 Financial Information

You may be required to provide or connect accurate financial information, such as:

Active checking account with a U.S. financial institution
Proof of income (e.g., pay stubs, direct deposit records)
Employment details

Eligibility for specific financial services, including cash advances and personal loans, will be determined based on the financial and personal data you provide, as well as your transaction behavior and repayment history within the App.

2.5 One Account Per User

You may only create and maintain one user account. Multiple accounts for the same person are prohibited and may result in account suspension or termination.

2.6 Prohibited Users

You are not eligible to use the App if:

You are under the legal age
You reside outside of the United States
You have previously been banned or had your account terminated for fraud, abuse, or violation of these Terms
You provide false, misleading, or incomplete information during registration or application

2.7 Right to Deny Access

We reserve the right to deny or revoke access to the App and its services at our sole discretion, without prior notice, if we suspect that you:

Provided false or fraudulent information
Engaged in abusive, unlawful, or prohibited activity
Are attempting to misuse or manipulate the service
Pose a risk to the platform, our partners, or other users

3. Account Registration & Access

To access the full functionality of the Cash Advance – BorPay Loan App, including requesting financial services, you must register for an account. This section explains how accounts are created, used, and managed.

3.1 Account Creation

To register, you must:

Download the App from an authorized app store
Provide your full name and mobile phone number
Accept these Terms of Use and our Privacy Policy

By registering, you confirm that all information provided is true, accurate, current, and complete.

3.2 Account Verification

To protect your security and prevent fraud, we may verify your identity through one or more of the following:

SMS verification codes

Failure to complete verification may limit your ability to access certain features or apply for financial services.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to:

Notify us immediately at support@borpay.io if you suspect any unauthorized access or breach
Never share your account credentials with others

We are not liable for any loss or damage resulting from unauthorized use of your account due to your failure to maintain security.

3.4 Authorized Device Use

The App is designed for use on supported smartphones and mobile devices. You are responsible for ensuring your device is secure, up-to-date, and capable of running the App reliably.

You may not use the App on a device or through a method that modifies, circumvents, or interferes with standard operation or security protections.

3.5 Account Updates

You agree to keep your account information (such as contact details, bank account information, and employment status) current and accurate at all times.

Failure to update your information may result in declined loan offers, repayment issues, or account suspension.

3.6 Account Termination or Suspension

We reserve the right to suspend, restrict, or terminate your account at our discretion, without notice, if:

You violate these Terms or any applicable law
We detect suspicious or fraudulent activity
You misuse or abuse the services
Your continued access poses a risk to us, our partners, or other users

You may close your account at any time by contacting support@borpay.io or through in-app settings (if available). However, doing so does not relieve you of any outstanding financial obligations.

4. Permitted Use

By using the Cash Advance – BorPay Loan App, you agree to use the App and its services only for lawful and intended purposes, in accordance with these Terms and all applicable laws and regulations.

4.1 Personal Use Only

You may only use the App for your own personal, non-commercial purposes. You may not share your account or access to the App with any other individual or entity.

4.2 Prohibited Conduct

You agree not to engage in any of the following actions while using the App:

Providing false, inaccurate, or misleading information in your account, loan applications, or communications with us
Attempting to access another user’s account or impersonate another person or entity
Circumventing or attempting to bypass identity or security verification processes
Modifying, reverse-engineering, decompiling, or disassembling any part of the App or its software
Using automated systems (e.g., bots, scripts) to interact with the App or submit applications
Uploading viruses, malware, or any other harmful code
Attempting to interfere with the performance or availability of the App, including launching denial-of-service attacks or similar actions
Engaging in fraudulent activity, including submitting false loan requests or repayment information
Violating any applicable local, state, or federal law in connection with your use of the App

4.3 Intellectual Property Restrictions

You may not use, reproduce, or distribute any part of the App, its design, content, branding, or features without our express written consent. All rights not expressly granted are reserved by CASH ADVANCE BORPAY.IO LLC.

4.4 Monitoring and Enforcement

We reserve the right (but are not obligated) to monitor your activity on the App. If we suspect or detect any misuse, abuse, or violation of these Terms, we may take action including:

Suspending or terminating your account
Blocking access to the App
Reporting unlawful behavior to relevant authorities
Pursuing legal remedies where applicable

Use of the App in violation of these Terms may result in legal consequences, including civil or criminal liability.

5. Communications and Notifications

By creating an account and using the Cash Advance – BorPay Loan App, you consent to receive communications from us electronically, including but not limited to account alerts, legal disclosures, loan updates, and promotional offers. These communications may be sent via email, SMS, push notifications, or in-app messages.

5.1 Consent to Electronic Communications

You agree that:

All legal disclosures, notices, and agreements related to your use of the App may be provided electronically and satisfy any legal requirements for written communication.
Communications sent electronically have the same legal effect as if provided in writing.
You are responsible for maintaining a current and valid email address and mobile number in your account settings.

5.2 Transactional Communications

We may send you communications related to your account or activity, such as:

Loan application status
Payment reminders and confirmations
Identity verification requests
Security alerts and support updates
These are considered transactional and are necessary for using the App.

5.3 Marketing and Promotional Messages

You may also receive optional marketing emails, push notifications, or SMS messages related to:

Special offers
Product updates
Referral programs
Feature announcements

You can opt out of receiving marketing communications at any time by:

Clicking the “Unsubscribe” link in the email
Adjusting your notification settings in the App
Contacting us at support@borpay.io

Please note: You cannot opt out of transactional or service-related communications while your account is active.

5.4 Communication Costs

You are solely responsible for any fees charged by your mobile carrier or internet service provider as a result of receiving or sending communications through the App.

5.5 Withdrawing Consent

If you choose to withdraw your consent to receive communications electronically, we may be required to close or restrict your account, as electronic communication is a core component of our services.

6. Intellectual Property

All content and materials contained in the Cash Advance – BorPay Loan App, including but not limited to the app interface, text, graphics, logos, icons, images, audio clips, software, and design elements, are the exclusive property of CASH ADVANCE BORPAY.IO LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6.1 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial use in accordance with these Terms.

6.2 Restrictions

You may not:

Copy, reproduce, distribute, or publicly display any part of the App
Modify, adapt, translate, or create derivative works of the App or its content
Decompile, reverse engineer, or disassemble any software or system used in the App
Use our trademarks, service marks, or logos without prior written consent

All rights not expressly granted in these Terms are reserved.

7. Third-Party Services and Links

The App may integrate or interact with third-party services, products, or content providers, including but not limited to:

Lending partners
Identity verification providers
Payment processors (e.g., Plaid, Stripe)
Banking and payroll integrations
Analytics or support services

7.1 Use at Your Own Risk

We do not control and are not responsible for the content, terms, or privacy policies of third-party services. Your interactions with these providers are solely between you and the third party and are governed by their respective terms and policies.

7.2 No Endorsement

The inclusion of third-party services or links does not imply endorsement, sponsorship, or affiliation unless explicitly stated.

8. Disclaimer of Warranties

The App and its services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

We make no warranties that:

You will be approved for any loan or advance
The App will meet your expectations or requirements
The App will operate without interruptions, errors, or defects
Data will be secure from unauthorized access or loss

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, CASH ADVANCE BORPAY.IO LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the App or services, including but not limited to:

Loss of data or personal information
Unauthorized access or data breaches
Financial loss due to decisions made based on app usage
Inability to access the App or features at any time

Our total liability under these Terms, regardless of theory, shall not exceed $100 or the amount you paid (if any) for using the App.

10. Indemnification

You agree to indemnify, defend, and hold harmless CASH ADVANCE BORPAY.IO LLC, its officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or relating to:

Your use or misuse of the App
Your violation of these Terms
Your breach of any applicable laws or third-party rights
Any content or data you provide to the App

11. Termination

We reserve the right to suspend, restrict, or permanently terminate your access to the App at any time and for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or suspicious behavior
Required by law or regulation
Technical or operational reasons affecting service availability

You may terminate your use of the App at any time by contacting us at support@borpay.io. Termination does not relieve you of any outstanding obligations under a loan or to us.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.

12.1 Arbitration Agreement

Any dispute or claim arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association (AAA).

You agree that:

You waive the right to a trial by jury
You may not participate in a class action or representative lawsuit
The arbitration will take place in the state of [Insert State] unless otherwise agreed

12.2 Exceptions

This section does not prevent either party from seeking temporary or preliminary injunctive relief in a court of law to preserve the status quo pending arbitration.

13. Changes to These Terms

We reserve the right to modify or update these Terms at any time. If changes are material, we will notify you by:

Posting the updated Terms in the App
Sending a notice to your registered email address
Displaying an in-app notification

Your continued use of the App after such updates constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions, concerns, or feedback regarding these Terms, please contact us:

CASH ADVANCE BORPAY.IO LLC
Email: support@borpay.io