FlexCap Financial — Terms and Conditions

1. Agreement to these terms

These Terms and Conditions (the Terms) govern your access to and use of the FlexCap Financial website at flexcapfinance.ca and any related pages, forms, payment calculator, communications, or online services that link to these Terms (collectively, the Website).

In these Terms, FlexCap, we, us, and our mean FlexCap Financial, operating from 134 Queen St E, Suite 207, Brampton, Ontario L6V 1B2. You means a visitor to the Website, a person completing a form, or a person acting for a business that uses the Website.

By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website or submit information through it. If you use the Website for a business, you represent that you have authority to accept these Terms on that business’s behalf.

2. Website purpose and no financing commitment

The Website provides general information about business-financing options and allows prospective clients to begin a financing conversation with FlexCap. It does not make a financing offer, loan commitment, approval, recommendation, or promise of funding.

Any financing is subject to a complete review, lender criteria, credit and other verification, underwriting, legal and contractual documentation, applicable conditions, and final approval by the relevant decision-maker. Not every applicant, business, asset, project, or request will qualify. FlexCap may decline to proceed with a request at its discretion and is not required to explain an underwriting or business decision except where law requires otherwise.

Content on the Website is not legal, tax, accounting, investment, financial-planning, insurance, or other professional advice. You should obtain independent advice appropriate to your circumstances before making a financing or business decision.

3. General financing application and contact requests

The Website may allow you to submit a general financing application, contact request, or other inquiry. Submission does not create a lender-borrower relationship, broker-client relationship, advisory relationship, or any contractual obligation to provide financing.

You must provide information that is accurate, current, complete, and not misleading. You must update FlexCap promptly if material information you provide changes. You must not submit information about another person unless you have authority to do so and have made any disclosure or obtained any consent required by law.

You must not submit a social insurance number, payment-card number, online-banking credential, account password, government identification number, or other highly sensitive information through a free-text field unless FlexCap specifically instructs you to use an approved secure method for that purpose.

Where the Website asks you to accept a consent or authorization, your submission will be governed by the wording displayed at the time. Any credit-related authorization, verification, or collection activity must occur only through FlexCap’s approved process and subject to the applicable consent and legal requirements. A preliminary website inquiry alone does not authorize every form of credit check or information verification.

4. Payment calculator

The payment calculator provides illustrative estimates only. It is intended to support an early financing conversation and is not a quote, offer, approval, repayment schedule, disclosure statement, or commitment to lend.

Calculator outputs are based on the information and assumptions entered by you, including the amount, interest rate, term, and payment frequency. They may not account for fees, taxes, insurance, amortization structures, security requirements, prepayment provisions, credit profile, lender-specific pricing, construction draws, delays, or other terms that may affect actual payments or total financing cost.

The category rates and other values displayed in the calculator are planning presets that may be changed without notice. You should not rely on a calculator result as the basis for a purchase, construction commitment, contract, or financial decision.

5. Communications and electronic messages

If you provide contact information, you agree that FlexCap may contact you about your inquiry, application, or requested financing conversation using the contact details you provide. This may include calls, emails, text messages, or other permitted communications, where applicable.

FlexCap will seek consent where required for commercial electronic messages. Marketing consent should be separate from a financing inquiry and will not be required to submit a request. You may withdraw marketing consent at any time by using the unsubscribe option in the message, contacting info@flexcapfinance.ca, or following any other stated withdrawal process. Withdrawal will not affect communications that FlexCap is legally entitled or required to send, including messages needed to respond to an active inquiry or administer a relationship.

6. Acceptable use

You may use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website to submit false, fraudulent, unlawful, harmful, or misleading information;
• access, scrape, copy, monitor, probe, disrupt, or interfere with the Website or its security without our written permission;
• introduce malware, malicious code, or any material designed to damage, interrupt, or obtain unauthorized access to systems or information;
• impersonate another person or organization, or misrepresent your affiliation or authority;
• use automated tools to submit forms or extract Website content without our written permission; or
• use the Website in a manner that violates applicable law or another person’s rights.

We may restrict or terminate access to the Website when we reasonably believe these Terms, the Website’s security, or applicable law has been violated.

7. Intellectual property

The Website, including its text, layout, branding, graphics, logos, design elements, software, and other content, is owned by FlexCap or its licensors and is protected by applicable intellectual- property laws. Except for a limited, personal, non-commercial right to use the Website in accordance with these Terms, no right, title, or interest is granted to you.

You may not reproduce, distribute, modify, display, create derivative works from, or commercially exploit Website content without FlexCap’s prior written consent, except where law permits it.

8. Third-party services and links

The Website may refer to or link to third-party services, lenders, platforms, websites, or resources. FlexCap does not control those third parties and is not responsible for their availability, content, terms, privacy practices, products, services, or actions. Your use of a third-party service is governed by that third party’s own terms and privacy policy.

If FlexCap uses service providers to host the Website, process a form, provide analytics, send communications, or support operations, those providers may process personal information only as described in the Privacy Policy and under applicable agreements and law.

9. Disclaimers

The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, FlexCap disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, uninterrupted availability, security, and non-infringement.

FlexCap does not warrant that the Website will be error-free, secure, uninterrupted, current, complete, or free of harmful components. We may change, suspend, or discontinue any part of the Website at any time without notice.

10. Limitation of liability

To the fullest extent permitted by law, FlexCap and its directors, officers, employees, representatives, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, data, goodwill, opportunity, or anticipated savings arising from or related to the Website, these Terms, or reliance on Website content or calculator outputs.

To the fullest extent permitted by law, FlexCap’s total liability for any claim arising from or related to the Website or these Terms will not exceed CAD $100. Nothing in these Terms limits liability that cannot legally be limited or excluded.

11. Indemnity

You will indemnify and hold harmless FlexCap and its directors, officers, employees, representatives, contractors, licensors, and service providers from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from your misuse of the Website, your violation of these Terms, your infringement of another person’s rights, or information you submit through the Website.

12. Privacy

FlexCap’s collection, use, disclosure, retention, and safeguarding of personal information are described in the Privacy Policy. By using the Website or submitting information, you acknowledge that you have read the Privacy Policy.

13. Changes to these terms

FlexCap may update these Terms from time to time. The updated Terms will be posted on the Website with a revised “Last updated” date. Your continued use of the Website after the effective date of an update means you accept the updated Terms, except where additional notice or consent is required by law.

14. Governing law and venue

These Terms and any dispute arising from or related to them or the Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Subject to applicable law, you and FlexCap attorn to the exclusive jurisdiction of the courts located in Ontario.

15. General provisions

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. A failure by FlexCap to enforce a provision is not a waiver of that provision. You may not assign or transfer your rights or obligations under these Terms without FlexCap’s written consent. FlexCap may assign these Terms in connection with a reorganization, merger, sale, or transfer of all or part of its business, subject to applicable law.

16. Contact

For questions about these Terms, please contact: