Terms & Conditions
Legal & Compliance Built on transparency — here’s exactly how we operate, what we promise, and what protects you.
Effective Date: March 19, 2026
Overview and Agreement to Terms
These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding contract between you (“User”, “Applicant”, “you”) and Excel Capital (“Excel Capital”, “we”, “us”, “our”), the owner and operator of the website located at excelcapital.co (the “Site”) and all related services, platforms, and financial products offered through it.
By accessing or using this Site, submitting a loan application, or engaging with any of our financial products or services, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Site and our services.
These Terms apply to all visitors, applicants, borrowers, and others who access or use our services and are subject to change at our discretion. Continued use of the Site following any changes constitutes your acceptance of the revised Terms.
1. Eligibility
To apply for or receive any financial product or service from Excel Capital, you must meet the following minimum eligibility requirements:
- You must be at least 18 years of age.
- You must be a legal resident of the United States or a legally registered business entity operating within the United States.
- You must have legal authority to enter into binding contracts on behalf of your business.
- Your business must be an active, operating entity with verifiable revenue history, subject to specific product requirements.
- You must provide accurate, truthful, and complete information throughout the application and funding process.
Excel Capital reserves the right to deny services to any individual or business that does not meet our eligibility criteria, or at our sole discretion.
2. Description of Services
Excel Capital is an alternative business financing company with over 16 years of industry experience, providing working capital solutions to small and medium-sized businesses. Our current product offerings include, but are not limited to:
- Unsecured and Secured Business Loans
- Business Lines of Credit
- Startup Business Loans
- SBA Loans (facilitated through our lending partnerships)
- Merchant Cash Advances
- Equipment Financing
- Accounts Receivable Financing and Factoring
- Credit Builder Program
- Bad Credit Business Loans
All products are subject to underwriting, credit review, and eligibility assessments. Funding timelines, loan amounts, rates, repayment structures, and other terms vary by product and applicant profile. Approval is not guaranteed simply by submitting an application. Funds are typically disbursed within 24–48 hours of approval, subject to banking processes and product-specific requirements. We may, at our sole discretion, modify, suspend, or discontinue any product or service at any time without prior notice.
3. Broker & Intermediary Relationship Disclaimer
Excel Capital operates in certain transactions as a broker or intermediary, connecting applicants with third-party lenders and funding partners rather than acting as the direct lender. In such cases:
- The final funding agreement is between you and the third-party lender, not Excel Capital.
- Loan terms, rates, and conditions are determined by the funding partner, not Excel Capital.
- Excel Capital may receive referral fees, broker commissions, or compensation from lending partners for facilitating a successful funding placement.
- The existence of such compensation does not affect the terms offered to you, and you are under no obligation to accept any offer presented.
Where Excel Capital acts as the direct lender, this will be explicitly stated in your Funding Agreement.
4. Application Process and Accuracy of Information
When submitting a loan application or providing information to Excel Capital through any channel — including our website, phone, email, or in person — you represent and warrant that:
- All information you provide is accurate, complete, and not misleading.
- You are authorized to submit the application on behalf of the business.
- You consent to Excel Capital performing credit checks, background verifications, and review of financial records.
You understand that providing false, misleading, or incomplete information may constitute fraud and may result in immediate denial, cancellation of funding, legal action, and/or reporting to relevant authorities.
Excel Capital reserves the right to request additional documentation at any stage and to decline any application at its sole discretion without being required to provide a reason.
5. Application Cancellation & Cooling Off
You may withdraw or cancel your application at any time prior to the execution of a Funding Agreement by contacting us at info@excelcapital.co. Once a Funding Agreement has been signed and funds disbursed, cancellation terms are governed by that agreement.
If you are located in a state that mandates a specific cancellation or rescission period for financial products, those rights apply to you in addition to the above and are not waived by these Terms.
6. Credit Authorization and Third-Party Inquiries
By submitting an application, you expressly authorize Excel Capital and its affiliates, partners, lenders, and service providers to:
- Pull your personal and/or business credit reports from one or more consumer or commercial credit reporting agencies.
- Verify your business bank statements, payment processing records, and financial history.
- Share your application information with funding partners for the purpose of obtaining a funding offer.
- Retain your application information for a reasonable period as permitted by applicable law.
These inquiries may appear on your credit report as hard or soft inquiries depending on the applicable requirements of the credit bureau and the nature of the product.
Your FCRA Rights: In connection with any credit review, you have the right to know if a credit report was used in any decision affecting your application, to obtain a free copy of that report if adverse action is taken, and to dispute inaccurate information directly with the reporting credit bureau. These rights are protected under the Fair Credit Reporting Act (FCRA).
7. Adverse Action Notice
In accordance with the Fair Credit Reporting Act (FCRA), if your application is denied in whole or in part based on information obtained from a consumer or commercial credit report, you will receive an adverse action notice that includes:
- The specific reason or reasons for the denial.
- The name, address, and phone number of the credit reporting agency that provided the report.
- Your right to obtain a free copy of that report within 60 days.
- Your right to dispute inaccurate or incomplete information directly with the reporting agency.
Adverse action notices will be delivered via email to the address provided in your application.
8. Data Privacy and Use of Your Information
Your use of this Site and submission of any application is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Key points relevant to these Terms:
- We collect financial, business, and personal information solely to evaluate and process your funding request.
- Your information may be shared with lending partners, funding networks, and service providers as necessary to fulfill your request. Each partner operates under their own privacy practices.
- We handle all non-public financial information (NPI) in accordance with the Gramm-Leach-Bliley Act (GLBA).
- We retain application-related financial data for a minimum of 5 years in accordance with applicable financial recordkeeping requirements.
- We do not sell your personal data to third parties.
For full details on how your data is collected, used, shared, and protected, please review our Privacy Policy.
9. TCPA Consent — Calls, SMS & Emails
By submitting any application or inquiry form through this Site, you expressly consent to receive:
- Calls, including automated or prerecorded calls
- Text messages (SMS)
- Emails
from Excel Capital and its lending partners, even if your number is listed on a federal or state Do Not Call registry.
Consent is not a condition of any purchase or service. You may opt out at any time by replying “STOP” to any SMS or contacting us directly.
We maintain records of your opt-in consent — including date, time, and method — for a minimum of 4 years as required under applicable regulations.
Limitation on Agent Representations: No verbal statement, promise, or representation made by any Excel Capital employee, agent, broker, or representative regarding loan terms, approval odds, rates, or any other matter shall be binding on Excel Capital unless confirmed in a written and signed agreement. You agree not to rely on any oral communications as a basis for any claim against Excel Capital.
10. E-Sign Consent — Electronic Agreements
By submitting any application, form, disclosure, or agreement electronically through this Site, you acknowledge and agree that:
- Your electronic submission, checkbox confirmation, or digital signature constitutes a legally binding agreement equivalent to a handwritten signature under the federal E-SIGN Act.
- You consent to receiving all disclosures, notices, and agreements in electronic form.
- You have the ability to access, download, and retain all electronic records provided to you.
You may withdraw your e-sign consent at any time by contacting us at info@excelcapital.co. Note that withdrawing consent may affect your ability to complete or use certain services.
11. Loan Terms, Repayment, and Default
The specific terms of any approved financing, including principal amount, fees, factor rates, interest rates, repayment schedule, and duration, will be set forth in a separate Funding Agreement between you and Excel Capital or its lending partners. In the event of conflict between these Terms and a Funding Agreement, the Funding Agreement governs.
You agree to repay all amounts due in accordance with the schedule set out in your Funding Agreement. Default events may include, but are not limited to:
- Failure to make timely payments.
- Material misrepresentation in your application.
- Insolvency, bankruptcy filing, or dissolution of your business.
- Actions that materially impair our ability to collect repayment.
In the event of default, we reserve all rights available under applicable law, including acceleration of outstanding balances, referral to collections, legal proceedings, and reporting to credit agencies.
12. Fees and Costs
Fees associated with our financial products, including origination fees, factor rates, prepayment penalties (if any), and other charges — will be disclosed to you prior to execution of any funding agreement. We encourage all applicants to review fee disclosures carefully before accepting any offer.
Excel Capital is not responsible for fees charged by third-party financial institutions, payment processors, or any intermediaries involved in the funding or repayment process unless expressly stated in a written agreement.
13. Confidentiality of Business Information
Any non-public business information you share with Excel Capital during the application process — including but not limited to financial statements, bank records, tax documents, revenue figures, and business plans — will be treated as confidential and will not be disclosed to any party except:
- Lending partners and service providers directly involved in evaluating or processing your application.
- As required by law, regulation, or legal proceedings.
- With your explicit consent.
This confidentiality obligation survives the termination of this Agreement and any Funding Agreement entered into between the parties.
14. Website Use and Intellectual Property
All content on this Site — including text, graphics, logos, icons, images, audio clips, and software — is the exclusive property of Excel Capital or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for the purpose of exploring and applying for our financial products. You may not:
- Copy, reproduce, distribute, or publicly display any content without prior written permission.
- Use any automated tool, scraper, robot, or spider to collect data from the Site.
- Reverse engineer or attempt to extract the source code of any software on the Site.
- Use the Site or its content for any unlawful, fraudulent, or harmful purpose.
15. OFAC & Anti-Money Laundering Compliance
Excel Capital complies with all applicable federal anti-money laundering (AML) laws, including the Bank Secrecy Act (BSA), and adheres to the sanctions screening requirements of the Office of Foreign Assets Control (OFAC).
By submitting an application, you represent and warrant that:
- You are not a person or entity listed on any OFAC sanctions list or any other government watch list.
- You are not acting on behalf of any sanctioned individual, entity, or jurisdiction.
- The funds requested will be used solely for lawful business purposes.
- All information provided is free from any intent to launder money, finance terrorism, or engage in any other illegal financial activity.
Excel Capital reserves the right to reject any application and report any suspicious activity to the appropriate authorities without prior notice to the applicant.
16. Third-Party Links and Partners
Our Site may contain links to third-party websites or referrals to external service providers. These links are provided for convenience only. Excel Capital does not endorse, and is not responsible for, the content, privacy practices, or products of any third-party websites.
Accessing any third-party site through links on our platform is done at your own risk. We encourage you to review their terms and privacy policies independently.
17. Force Majeure
Excel Capital shall not be held liable for any delay, failure, or inability to perform its obligations under these Terms or any Funding Agreement where such delay or failure results from causes beyond our reasonable control, including but not limited to:
- Natural disasters, floods, earthquakes, or acts of God.
- Pandemics, epidemics, or public health emergencies.
- Government actions, regulations, sanctions, or shutdowns.
- Banking system failures, payment processor outages, or financial market disruptions.
- Cyberattacks, data breaches, or infrastructure failures beyond our reasonable prevention.
In such events, Excel Capital will notify affected applicants or clients as soon as reasonably practicable and will resume normal operations as quickly as circumstances allow.
18. Disclaimer of Warranties
THE SITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. EXCEL CAPITAL DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not guarantee approval of any loan application or that a particular funding offer will meet your business needs.
No Waiver: The failure of Excel Capital to enforce any provision of these Terms on one or more occasions shall not be construed as a waiver of our right to enforce that same provision in the future. All rights and remedies available to Excel Capital remain fully reserved unless expressly waived in writing by an authorized representative.
Non-Arbitration Disputes: For any disputes that fall outside the scope of binding arbitration — including but not limited to claims for injunctive relief, emergency remedies, or intellectual property violations — the exclusive jurisdiction shall be the state and federal courts located in New York County, New York. Both parties consent to personal jurisdiction in those courts for such matters.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEL CAPITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability to you for any claim shall not exceed the total fees paid by you to Excel Capital in the three (3) months preceding the date of the claim.
20. Indemnification
You agree to defend, indemnify, and hold harmless Excel Capital and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms, your use of the Site, or your misrepresentation of any information submitted during the application process.
21. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If not resolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in English in New York, NY.
Class Action Waiver: You waive any right to a jury trial or to participate in a class action lawsuit regarding any dispute with Excel Capital.
New York SHIELD Act: As a company headquartered in New York, Excel Capital complies with the New York SHIELD Act. We maintain reasonable administrative, technical, and physical safeguards to protect the private information of New York residents. In the event of a data breach, we will notify affected individuals and relevant authorities within the timeframes required by applicable law.
Amendment Notice: Excel Capital reserves the right to modify these Terms at any time. For material changes — including changes to dispute resolution, fees, data handling, or user rights — we will provide at least 30 days written notice via email to the address on file or via a prominent notice on the Site. Non-material changes take effect immediately upon posting. Continued use of the Site or services after notice constitutes acceptance of the revised Terms.
22. California & U.S. State Privacy Law Compliance
Where applicable, users in California, Colorado, Delaware, Florida, Virginia, and Utah retain rights under their respective state privacy laws, including the CCPA and CPRA. These rights — including the right to know, delete, and opt out of data sharing — are fully detailed in our Privacy Policy. Exercise of these rights does not affect your eligibility for or access to our services.
23. Termination
We reserve the right to suspend or terminate your access to the Site or our services at any time, with or without notice, for any reason, including violation of these Terms, suspected fraudulent activity, or at our sole business discretion. Termination does not affect any rights or obligations that arose prior to such termination.
Survival of Terms: The following provisions shall survive the termination or expiration of this Agreement and any related Funding Agreement: Section 6 (Credit Authorization), Section 13 (Confidentiality), Section 15 (OFAC & AML Compliance), Section 19 (Limitation of Liability), Section 20 (Indemnification), Section 21 (Governing Law and Dispute Resolution), and any obligations related to repayment of outstanding amounts under a Funding Agreement.
24. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
25. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Funding Agreement, constitute the entire agreement between you and Excel Capital with respect to the subject matter hereof and supersede all prior communications, representations, and agreements, whether oral or written.