Kapya Public Benefit Corporation, a corporation incorporated in the State of Delaware (“Kapya,” “we,” or the “Company”), offers its websites, products, and services (collectively, the “Services”) subject to these Terms of Use (“Terms”), which constitute a binding legal agreement between you (“you” or the “User”) and Kapya from the moment you access or use the Site or any of the Services. Please read these Terms carefully before using the Site (kapya.com and any related Kapya domains, the “Site”) or the Services. By accessing, browsing, or using the Site or the Services, you acknowledge that you have read, understood, and agree to be legally bound by all of the Terms. If you do not agree to these Terms in their entirety, you may not use the Site or the Services. It is your responsibility to review and understand all terms and to comply with applicable law. Questions? Please write to us at info@kapya.com or contact us at the address indicated in Section 15.

1. Kapya Tools and Services
Your access to and use of our websites, products, and services (collectively, the “Services”) are governed by these Terms. Kapya is a Delaware public benefit corporation dedicated to expanding equitable access to capital, financial education, and credit-building tools for Latino-owned small businesses and other underserved businesses. Our Services include:

• Business Financing Services. We connect qualified small business owners with a select network of banks, community development financial institutions (CDFIs), alternative capital providers, and other lenders (each, a “Lender”) that offer loans, lines of credit, payment card cash advances, and similar financing products (collectively, “Financing”). Kapya does not extend credit or guarantee approval; final decisions rest solely with each Lender.

• Educational Resources. We publish original articles, case studies, white papers, and interactive tools designed to demystify the lending process, explain qualification criteria, and highlight government-sponsored programs.

• Free Consultation. Any User can schedule a free review of their financing needs with a Kapya advisor. Consultations are for informational purposes only and do not constitute loan approval or commitment from any Lender.

• Community Content and Features. We offer blogs, a newsletter, Q&A forums, and other community tools (collectively, the “Community Features”) to foster peer-to-peer exchange and share best practices.

All text, data, graphics, logos, designs, images, audio, video, and the selection or arrangement thereof (collectively, the “Content”) on the Site or provided through the Services are owned by or licensed to Kapya.

2. Other Services.
Certain Services may require you to agree to additional terms, disclosures, or state-specific requirements. Your eligibility to receive particular Services may depend on the state in which you reside or where you request those Services. Any additional agreements will be presented when you sign up for or use those Services.

3. Changes to the Terms
We reserve the right, at any time and at our sole discretion, to modify these Terms. If we do so, we will post a notice of the update on the Site and, for significant changes, we will notify you by using the last email address you provided to us. Unless otherwise specified, modifications are effective immediately upon posting. Your continued use of the Site or Services after posting constitutes acceptance of the updated Terms. If you do not agree to any changes, you must stop using the Site and may terminate your account without further obligation.

4. Other Important Provisions
You may not use this Site or the Services if:
(i) you are under 18 years of age;
(ii) you are not of legal age to form a binding contract under applicable law; or
(iii) you are legally barred from accessing the Site or the Services in your jurisdiction.

5. Terms Agreement
These Terms, together with the Privacy Policy (Section 6) and all provisions incorporated therein (collectively, the “Terms Agreement”), constitute the entire agreement between you and Kapya with respect to the Site and the Services and supersede all prior agreements.

6. Privacy Policy
Our Privacy Policy, incorporated herein by reference, describes how we collect, use, protect, and share the information you provide and that we obtain from third parties. By using the Site and Services, you consent to our data practices as described in the Privacy Policy.

7. Legal Provisions
7.1 Restrictions on Use and Disclosure. You may not use any trademarks, logos, or other distinctive features of Kapya or its partners without prior written authorization. Confidential information designated by Kapya may not be disclosed.
7.2 Site Content. You agree that all Content posted by third parties is the responsibility of the poster and may be protected by third party intellectual property rights. You may not modify, distribute, or create derivative works without authorization.
7.3 Your Content. You are solely responsible for the Content you post. By posting Content, you grant Kapya a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, publish, display, and distribute such Content in connection with the Services, in any media or format.
7.4 Kapya License. Kapya grants you a personal, non-exclusive, non-transferable, royalty-free license to use the Services as permitted by these Terms. You may not decompile, disassemble, or extract the source code of the Site or the Services.
7.5 Copyright Infringement. To report alleged infringement, please follow the procedures set forth in the Digital Millennium Copyright Act, Section 512(c)(3). For trademark or other IP infringement reports, please email info@kapya.com .

8. Website Security
We implement industry-standard physical, electronic, and procedural safeguards to protect your personal information, including encryption in transit and firewalls. However, no system is completely secure. By using the Site, you accept these risks.

9. Credit Card Information
We do not collect or store credit card data directly. All payment processing is handled by a PCI-compliant third-party provider. We use 256-bit SSL to encrypt data in transit. You assume any residual risk associated with the transmission of payment information.

10. Spam.
You may not use our Community Features or communication tools to send unsolicited commercial messages. You must comply with all applicable anti-spam and marketing laws. To report spam, please forward emails to privacy@kapya.com .

11. Scope of the Terms and Termination by the User
These Terms remain in effect until terminated by either you or Kapya. To terminate these Terms, notify us in writing and close your account. You will remain responsible for fees until the end of the current billing period.

12. Kapya Termination Right
We may, without prior notice or liability, suspend or terminate your access if you breach the Terms, if the provision of Services becomes unlawful or commercially unviable, or if our relationship with any partner ends.

13. Inactive Accounts and Posted Content
. Accounts that have been inactive for 12 months may be deactivated. Upon termination of your account, your posted content may be retained, deleted, or archived at our discretion.

14. Survival of Rights and Obligations
Sections 6 (Privacy Policy), 7 (Legal Provisions), 8 (Website Security), 9 (Credit Card Information), 10 (Spam) and 15 (Miscellaneous), as well as any provisions that by their nature should survive termination, shall remain in effect indefinitely.

15. Miscellany

• Use of any third-party services is subject to their own terms.

• We may notify you by email, postal mail, or postings on the Site.

• Failure to apply a right does not constitute a waiver.

• If any provision is found to be invalid, the rest shall remain applicable.

• Kapya Affiliates are third-party beneficiaries and may enforce these Terms.

• Applicable Law: New York State law (excluding conflicts of laws). You submit to the exclusive jurisdiction of the courts of New York, although Kapya may seek injunctive relief in other jurisdictions.

• The mere passive publication of the Site does not imply an intention to offer services in all jurisdictions. Availability may vary by state or country.

• Assignment: Kapya may assign these Terms without your consent; you may not assign them without our prior written permission.

By using the Site or Services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.