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PassionFruit Capital

PassionFruit Capital Terms of Service

Effective Date: September 14, 2026

These Terms of Service (“Terms”) govern your access to and use of the PassionFruit Capital website, forms, application portals, communications, and commercial-financing brokerage and related services (collectively, the “Services”). “PassionFruit,” “we,” “us,” and “our” refer to PassionFruit Capital and its legal owner, PassionFruit Capital.

Please read these Terms carefully. By accessing or using the Services, submitting information, or agreeing to these Terms electronically, you agree to be bound by them. If you do not agree, do not use the Services.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. If you act for a company, property owner, partnership, trust, or other organization, you represent that you have authority to act for and bind that party.

2. PassionFruit’s Role

PassionFruit is a commercial-financing broker and service provider. We help clients evaluate financing possibilities, prepare application and loan-package materials, identify potential lender fit, introduce or submit opportunities to prospective lenders or funding sources, and coordinate parts of the financing process.

Unless we expressly state otherwise in a signed written agreement:

  • PassionFruit is not a bank, lender, creditor, securities broker, investment adviser, accounting firm, law firm, or tax adviser;
  • PassionFruit does not make the final decision to approve, deny, fund, or set the terms of a loan;
  • no website content, conversation, preliminary assessment, lender introduction, term indication, or other communication is a commitment to lend or a guarantee of financing;
  • a lender or funding source independently determines eligibility, underwriting requirements, rates, fees, collateral, guarantees, covenants, and final terms; and
  • PassionFruit does not promise that any financing option will be the lowest-cost or most favorable option available in the market.

References to SBA or other government programs do not imply that PassionFruit is part of, endorsed by, or acting as an agent of the U.S. Small Business Administration or any other government agency.

3. No Guarantee of Results

Financing depends on factors outside PassionFruit’s control, including applicant qualifications, creditworthiness, cash flow, collateral, lender criteria, program availability, market conditions, appraisal and environmental results, documentation, and timely cooperation.

We do not guarantee approval, funding, a particular amount, rate, term, structure, closing date, or lender response. A lender may change or withdraw an indication or approval before funding. Testimonials, examples, estimated timelines, financing percentages, and prior results are illustrative only; individual results vary.

4. Your Information and Responsibilities

You agree to provide complete, accurate, current, and non-misleading information and documents. You will promptly notify us of material changes and provide reasonably requested supporting information.

You are responsible for reviewing all applications, projections, business plans, summaries, lender submissions, term sheets, loan documents, and closing documents for accuracy before they are submitted or signed. You must not provide forged, altered, unlawfully obtained, or misleading information.

If you provide information about an owner, guarantor, employee, customer, tenant, or other person, you represent that you are authorized to provide it and have delivered any notice or obtained any permission required by law.

We may rely on information supplied by you and third parties without independently auditing or verifying every item. PassionFruit may decline, pause, or discontinue work if requested information is incomplete, inconsistent, unlawful, or reasonably suspected to be fraudulent or misleading.

5. Authorization to Use and Share Information

You authorize PassionFruit to collect, use, organize, analyze, and disclose the information and documents you provide as reasonably necessary to perform the Services and pursue your financing request.

This authorization includes disclosure of personal, business, ownership, financial, credit-related, collateral, property, and transaction information to one or more prospective lenders, funding sources, loan participants, underwriters, and service providers that PassionFruit selects as potential fits. It also includes disclosure, at your direction or when reasonably necessary, to accountants, attorneys, SBDC advisors, real estate professionals, appraisal or environmental providers, escrow or title companies, and other transaction participants.

Prospective lenders and funding sources may independently evaluate, verify, retain, and use information under their own agreements, legal obligations, underwriting standards, and privacy practices. PassionFruit is not responsible for an independent third party’s acts or decisions.

This Section does not authorize PassionFruit or any third party to obtain a consumer report or credit report when separate authorization or another permissible purpose is required by law. Any required credit authorization will be presented separately.

Our handling of personal information is further described in the PassionFruit Capital Privacy Policy, which is incorporated into these Terms by reference.

6. AI-Assisted Analysis and Loan Packaging

You acknowledge and consent that PassionFruit may use artificial-intelligence-assisted tools and other automated technologies to support the Services. These tools may help organize or extract information from documents, analyze financial information, identify missing items, prepare draft financial projections or business-plan materials, develop transaction narratives, compare an opportunity with potential lender criteria, and assist with loan packaging and communications.

Information processed through these tools may be handled by technology providers acting on PassionFruit’s behalf. AI-assisted outputs can be incomplete or inaccurate. You agree to review materials concerning your application or transaction and promptly identify errors or omissions.

PassionFruit remains responsible for the services and materials it provides and may review, correct, or supplement AI-assisted work. AI is not a guarantee of financing and does not make a lender’s final credit decision. Each prospective lender or funding source independently conducts its own underwriting and determines whether to approve or deny financing and on what terms.

7. Fees and Lender Compensation

For many transactions, including most SBA transactions we arrange, a borrower may not pay a separate brokerage fee to PassionFruit because PassionFruit may receive compensation from a participating lender. Lender-paid compensation is subject to the lender’s program, applicable law, and the completed transaction.

Certain larger, specialized, or more complex transactions—including multifamily, construction, and real estate development financing—may require a borrower-paid or transaction fee. If a PassionFruit fee applies, it will be disclosed and agreed to in a separate written agreement before the applicable fee-bearing services are performed.

Lenders and other providers may impose their own application, appraisal, credit, legal, title, environmental, origination, guarantee, closing, or other charges. Those third-party charges are separate from any PassionFruit fee and are governed by the applicable provider’s documents.

The fact that PassionFruit may receive compensation from a lender does not change the lender’s independent underwriting decision and does not guarantee that a proposed option is the least expensive option available. You are responsible for reviewing and comparing all offered terms, fees, risks, and alternatives before proceeding.

8. No Legal, Tax, Accounting, or Investment Advice

Unless expressly agreed in writing, the Services and website content are for general informational and commercial-financing purposes. They do not constitute legal, tax, accounting, investment, securities, insurance, or other regulated professional advice.

Financial projections, business-plan materials, transaction narratives, and analyses may contain assumptions, estimates, and forward-looking information. Actual results may differ materially. You should consult qualified legal, tax, accounting, insurance, investment, and other professional advisers regarding your circumstances.

9. Third-Party Products, Services, and Websites

The Services may contain links to, information about, or integrations with lenders, funding sources, government programs, application portals, video platforms, and other third parties. PassionFruit does not control and is not responsible for third-party websites, products, services, availability, cybersecurity, privacy practices, or content.

Any agreement you enter into with a lender or other third party is solely between you and that party. If these Terms conflict with a lender’s executed loan documents concerning the lender’s product, the lender’s documents control that relationship.

10. Electronic Communications and Signatures

You consent to transact electronically and to receive disclosures, notices, requests, and other communications electronically at the email address or telephone number you provide, subject to your communication choices and applicable law. Electronic acceptance, checkbox consent, typed signatures, and electronic signatures may have the same effect as handwritten signatures where permitted by law.

You are responsible for maintaining accurate contact information and access to the devices and accounts used for communications.

11. Text-Messaging Terms

Service and transaction messages

If you separately opt in, PassionFruit may send non-marketing text messages about your inquiry, application, or financing transaction. These may include appointment reminders, document requests, application updates, lender questions, underwriting updates, closing information, and customer-support communications.

Marketing messages

If you separately provide prior express written consent, PassionFruit may send recurring marketing and promotional text messages concerning commercial lending, business-finance opportunities, loan programs, application and packaging services, lender matching, educational content, service updates, events, and promotional offers. Marketing messages may be sent using automated technology. Consent to marketing texts is not a condition of applying for financing, obtaining financing, purchasing services, or completing a transaction.

Program disclosures

Message frequency varies. Message and data rates may apply. Wireless carriers are not responsible for delayed or undelivered messages. Reply STOP to opt out or HELP for assistance. You may also request an opt-out by contacting [email protected]. We may send one final non-marketing message confirming an opt-out request.

An opt-out from marketing texts does not prevent PassionFruit from communicating through other lawful channels or from sending communications that do not require consent, but we will honor applicable communication preferences and legal requirements.

12. Acceptable Use

You may not use the Services to:

  • violate any law, regulation, court order, or third-party right;
  • impersonate another person or misrepresent your identity, authority, business, finances, ownership, transaction, or intended use of funds;
  • submit fraudulent, deceptive, altered, malicious, or unlawfully obtained information;
  • interfere with the operation or security of the Services;
  • introduce malware or attempt unauthorized access;
  • scrape, copy, reverse engineer, or exploit the Services except as expressly permitted by law;
  • use our content or work product to train an AI system without written permission; or
  • help another person engage in prohibited conduct.

13. Intellectual Property

The Services and their content—including the PassionFruit name and branding, website design, text, graphics, illustrations, software, and original materials—are owned by PassionFruit or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, PassionFruit grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for your own legitimate business-financing purposes. No other rights are granted.

You retain ownership of information and original materials you provide. You grant PassionFruit a limited license to host, copy, process, adapt, analyze, and disclose those materials only as reasonably necessary to provide the Services, pursue your financing request, comply with law, and exercise our rights under these Terms.

14. Confidentiality and Publicity

PassionFruit will handle nonpublic information in accordance with its Privacy Policy, applicable law, and any separate written confidentiality agreement.

PassionFruit will not publicly identify you or use your name, image, logo, testimonial, transaction details, or success story for advertising without appropriate permission. A separate release or other documented authorization may be used for that purpose.

15. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PASSIONFRUIT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

PASSIONFRUIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY INFORMATION, PROJECTION, ANALYSIS, AI-ASSISTED OUTPUT, LENDER MATCH, OR THIRD-PARTY CONTENT WILL BE COMPLETE OR ACCURATE.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PASSIONFRUIT AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, OR OPPORTUNITY; OR DAMAGES ARISING FROM A LENDER’S DECISION, DELAY, CHANGE IN TERMS, FAILURE TO FUND, OR A THIRD PARTY’S ACTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, PASSIONFRUIT’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO PASSIONFRUIT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) $500.

These limitations do not apply to liability that cannot lawfully be limited, including liability arising from fraud, willful misconduct, or other liability excluded from limitation by applicable law.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless PassionFruit and its owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from your material breach of these Terms, unlawful use of the Services, infringement of another person’s rights, or submission of fraudulent or unauthorized information.

This obligation does not apply to the extent a claim results from PassionFruit’s fraud, willful misconduct, or violation of applicable law.

18. Suspension or Termination

You may stop using the Services at any time, subject to obligations in a separate signed agreement. PassionFruit may suspend or terminate access to the Services when reasonably necessary to address nonpayment, suspected fraud, security threats, legal or regulatory obligations, misuse, or a material breach of these Terms.

Provisions that by their nature should survive termination—including provisions concerning fees, ownership, disclaimers, liability, indemnification, disputes, and records—will survive.

19. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Unless applicable law requires otherwise or the parties agree differently in writing, any legal action arising from these Terms or the Services must be brought in the state or federal courts located in Sacramento County, California, and each party consents to their jurisdiction and venue.

Before filing a lawsuit, each party agrees to provide written notice describing the dispute and make a good-faith effort for at least 30 days to resolve it informally. This requirement does not prevent either party from seeking emergency or injunctive relief or filing a claim before a limitations period expires.

20. General Terms

These Terms, the Privacy Policy, and any applicable signed engagement, fee, consent, or transaction-specific agreement constitute the agreement concerning the Services. A transaction-specific signed agreement controls if it expressly conflicts with these Terms.

If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. PassionFruit may assign them in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets, subject to applicable law.

21. Changes to These Terms

We may update these Terms to reflect changes in the Services, business practices, or law. Updated Terms will be posted with a revised Effective Date. When required, we will provide additional notice or obtain consent. Changes do not retroactively alter a separate signed agreement unless that agreement permits the change.

22. Contact Us

Questions about these Terms may be directed to:

PassionFruit Capital 7281 Lonepine Drive, Suite 202A Sloughhouse, California 95683 Email: [email protected]