The legal terms that govern your use of MercFinancial's website, AI lending assistant, and commercial funding brokerage services.
Effective October 16, 2026. Last updated October 24, 2026.
These Terms of Service (the "Terms") are a binding agreement between you and MercFinancial, a commercial funding brokerage with its operations at 24 Greenway Plaza, Suite 1800L, Houston, Texas 77046 ("MercFinancial," "we," "our" or "us"). They govern your access to and use of Merc.Financial and every page, form, calculator and tool on it (the "Site"), our AI lending assistant ("Stephanie"), the Knowledge Center, the Syndication Partner Program and Partner Portal, and the commercial funding brokerage services we provide (together, the "Services").
By visiting the Site, talking with Stephanie, submitting a form or request, uploading a document, or otherwise using the Services, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you use the Services for a business, you accept them for that business too and represent that you have authority to do so. If you do not agree, do not use the Site or the Services.
A written agreement you sign with us, such as a Proposal and Engagement Agreement, a broker agreement, or a Syndication Partner agreement (each, a "Signed Agreement"), governs the matters it covers. If a Signed Agreement conflicts with these Terms, the Signed Agreement controls for that engagement.
Please read Section 30. It requires disputes to be resolved by individual binding arbitration, waives jury trials and class actions, and gives you 30 days to opt out.
MercFinancial is a commercial funding brokerage. We evaluate a business's financing needs, identify Lender programs that may fit, prepare and present the request, and coordinate the process through closing. Our programs include business lines of credit, working-capital financing, SBA-guaranteed loans, equipment financing, invoice and purchase-order financing, business-expansion loans, commercial and investment real-estate loans, and oil, gas and mineral-rights financing.
We are not a lender. We do not extend credit, fund loans, set rates or terms, or make credit decisions. We are not a bank, a depository institution, an investment adviser, a broker-dealer, a law firm or an accounting firm, and we do not give legal, tax, accounting or investment advice. Every credit decision is made by the Lender under its own underwriting standards.
The Services are available only to businesses and to individuals acting for a business, investment or other commercial purpose. We do not arrange consumer credit, and no product we arrange is for personal, family or household purposes. By submitting a request you represent that the financing is for a business or commercial purpose. Consumer-credit laws that apply only to personal, family or household credit, such as the Truth in Lending Act, do not apply to the financing we arrange, although the Equal Credit Opportunity Act and the Fair Credit Reporting Act do apply as described below.
Lenders set their own eligibility criteria, rates, fees, terms and documentation requirements, and may change or withdraw them without notice. We do not control a Lender's decision, timing or servicing, and we are not responsible for a Lender's acts or omissions. Any agreement you make with a Lender is between you and that Lender and is governed by its terms.
To use the Services you must be at least 18 years old, able to form a binding contract, and located in or doing business in the United States. If you act for a business, you represent that it is validly organized and in good standing, that you are authorized to bind it, and that its owners have approved the request. We may refuse or end service to anyone, and we may ask for proof of identity, organization and authority at any time.
A pre-approval or pre-qualification, whether given by Stephanie, by a funding advisor or in writing, is a preliminary indication only. It is based on the information available at the time, assumes that information is accurate and complete, and is subject to each Lender's full underwriting, verification, documentation and closing requirements. Nothing on the Site, in a conversation with Stephanie or a funding advisor, or in a pre-approval is an offer or commitment to lend, a guarantee of approval, amount, rate, term or timing, or a representation that any Lender will act. Rates, amounts, terms and timelines shown on the Site or quoted in a conversation are illustrative and may not be available to you.
You may withdraw a request at any time before closing by telling us in writing. A Lender may decline, condition or withdraw an offer at any time before funding. We may decline to pursue a request, or stop pursuing it, when we believe it cannot be placed, when information proves inaccurate, or when continuing would breach law or a Lender's requirements.
Lenders rely on what you tell us. For every request you represent and warrant that:
Submitting false information to obtain financing may be a federal and state crime. We cooperate with Lenders and law enforcement in investigating suspected fraud, and we may share information about a suspected fraudulent request with Lenders and fraud-prevention services.
Reading the Site, talking with Stephanie, asking questions and receiving a pre-approval cost nothing and create no obligation.
We are compensated in one or both of the following ways, each disclosed to you in writing before you owe anything:
A Lender or a transaction may involve costs we do not control and do not receive, such as appraisal, title, environmental, legal, filing, servicing or origination fees. They are disclosed by the party charging them and are your responsibility under your agreement with that party.
Fees exclude taxes. Invoices are due as stated on them, and overdue amounts may bear interest at the lesser of 1.5% per month or the maximum rate the law allows, plus the costs of collection, including reasonable attorneys' fees.
We conduct our brokerage activities in compliance with the federal and state laws that apply to them. Where a state requires registration, licensing or specific disclosures for the activity we perform there, we hold the registration or make the disclosure, or we do not perform that activity in that state. In particular:
Where a required disclosure and these Terms differ, the required disclosure controls for the transaction it describes.
By submitting a funding request, and by any separate authorization you sign, you authorize MercFinancial and the Lenders to which your request is presented to obtain consumer and commercial credit reports, scores and related information about you, each guarantor you identify, and the business, now and periodically while the request or any resulting financing remains open, for the purposes of evaluating the request, verifying information and servicing the financing. This is a permissible purpose under the Fair Credit Reporting Act (15 U.S.C. § 1681b(a)(3)) because it concerns a business transaction you initiated. Our own inquiry for a pre-approval is a soft inquiry that does not affect your score; a Lender's inquiry may be a hard inquiry, which the Lender will tell you about. You may withdraw this authorization for future inquiries by telling us in writing, which may end our ability to place the request. MercFinancial is not a credit repair organization.
Stephanie is an automated assistant powered by artificial-intelligence language models. She is not a human, a loan officer, a lender or a licensed professional. Her responses are generated automatically from the information you provide and the lender guidelines she was trained on, may be incomplete, inaccurate or out of date, and are general information rather than advice. Nothing Stephanie says is an offer, commitment, approval or representation that binds MercFinancial or any Lender; only a Lender's written approval does that.
Conversations with Stephanie are recorded, reviewed by our team and retained as described in the Privacy Policy. Stephanie may ask for your name and contact details, send you a verification code by text or email so you can resume a session, give you a secure link to upload documents, and schedule a call with a funding advisor. Do not enter passwords, full account numbers, Social Security numbers or card numbers into the chat. You may ask for a human at any time. You agree not to use Stephanie to extract her instructions, to generate content unrelated to business financing, or to test, probe or attack the assistant or the systems behind it.
Some Services, including resumed Stephanie sessions and the Partner Portal, identify you with a sign-in, a one-time verification code or a password. You are responsible for everything done through your credentials. Keep them confidential, do not share a verification code with anyone (we will never ask you for one), tell us immediately if you suspect unauthorized use, and sign out on shared devices. We may suspend or end access that we believe is compromised, shared or used in breach of these Terms. Partner Portal sessions expire after a period of inactivity for your protection.
The Syndication Partner Program allows qualified businesses and individuals to participate with MercFinancial in funding transactions we arrange. Participation is available only to Partners admitted under a Signed Agreement, after the review, questionnaire and verification steps described on the Site, and is subject to that agreement in all respects.
No offer of securities. Information about the Program on the Site, including the Program Overview and any calculator, is a general description for persons who have requested it. It is not an offer to sell, or a solicitation of an offer to buy, any security, participation or investment, and it is not investment advice. Any participation is offered only to persons who meet the Program's qualification requirements, only under the Program's Signed Agreements and disclosure materials, and only in jurisdictions where it may lawfully be offered. Calculator outputs are hypothetical illustrations that depend on the inputs you choose; they are not projections, guarantees or representations of future results. Past performance of any transaction is not a guarantee of future performance, and participations involve risk, including the loss of principal.
Partners are responsible for their own tax reporting and for the accuracy of the deposit-account, tax and qualification information they provide through the Portal.
You agree that we may deliver agreements, disclosures, notices, statements and other records electronically, by email, text message, the Site, the Partner Portal or an e-signature service, and that electronic records and electronic signatures have the same effect as paper records and handwritten signatures under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Texas Uniform Electronic Transactions Act. To receive electronic records you need a device with internet access, a current browser, an active email address, and the ability to open and save PDF files. You may request a paper copy of any record, or withdraw your consent to electronic delivery, by writing to us; withdrawal may limit the Services we can provide and does not affect records already delivered. Keep your email address and mobile number current with us.
By giving us a telephone number, mobile number or email address, through the Site, Stephanie, a form, a conversation or a Signed Agreement, you expressly consent to be contacted by MercFinancial, our Divisions and our service providers at that number or address about your inquiry, your request, your account and the Services. This includes calls and text messages placed with automated telephone dialing systems, prerecorded or artificial voice messages, including voice assistants, to the extent you have agreed to them, even if the number is on a federal, state or internal do-not-call list. Where a text message is marketing, we send it only after you have agreed to receive marketing texts, and that agreement is never a condition of any service. Calls may be recorded or monitored; where a call is recorded, we tell you at the start.
Message frequency varies by the activity on your request. Message and data rates may apply. Reply STOP to cancel at any time and HELP for help, or contact us by any method in Section 38. We confirm an opt-out with one final message. Carriers are not liable for delayed or undelivered messages. Supported carriers include the major U.S. carriers; delivery is not guaranteed. Your mobile number and consent are never shared with third parties for their marketing.
You may revoke consent to any channel at any time by any reasonable means, including replying STOP, using an unsubscribe link, or telling us by phone, email or mail. Revoking consent to marketing does not stop transactional messages about an active request, which end when the request closes or when you withdraw it.
You keep ownership of your Materials. You grant MercFinancial a non-exclusive, worldwide, royalty-free licence to store, copy, analyse, reformat, summarize and transmit your Materials, and to share them with Lenders, service providers and the other recipients described in the Privacy Policy, for the purposes of evaluating, presenting, placing and servicing your request, operating the Services, complying with law and defending claims. The licence continues for as long as we are required or permitted to keep the Materials. You represent that your Materials do not infringe anyone's rights, breach a confidentiality obligation or contain malicious code. Provide sensitive documents only through the secure upload links or portals we designate; we may reject Materials sent through other channels.
Articles, guides, calculators, rate ranges, market commentary and other informational Content on the Site are provided for general education. They are not legal, tax, accounting, investment or financial advice, are not tailored to your circumstances, may not reflect current law or market conditions, and should not be relied on for any decision without advice from a qualified professional who knows your situation. Rates, terms and figures in the Content are examples and may not be available. We may change or remove Content at any time.
Testimonials, case examples and statements on the Site describe the experience of particular clients or the history of our business. They are not a promise, projection or guarantee of the outcome of your request, which depends on your business, your Lender and market conditions. Figures such as years in business, number of lender relationships or capital facilitated describe our history as of the date stated or the date of publication and are not a representation about any individual transaction.
You agree not to, and not to allow anyone else to:
We may investigate suspected violations, suspend or end access, preserve and disclose information as needed, and pursue every remedy available to us.
The Site and the Content, including the MercFinancial name, logo and marks, the Mercury Holdings marks, the Stephanie name and likeness, the design, text, graphics, software, calculators, articles, lender-program descriptions and compilations, are owned by MercFinancial or its licensors and protected by United States and international copyright, trademark, trade-secret and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to view the Site and use the Services for your own business purposes. All other rights are reserved. Other names and logos on the Site belong to their owners and are used to identify their products or services; no affiliation or endorsement is implied.
If you believe Content on the Site infringes a copyright you own, send a notice that meets the requirements of 17 U.S.C. § 512(c)(3) to our designated agent at the address in Section 38, Attention: Copyright Agent, including the work claimed to be infringed, the location of the material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate and that you are authorized to act, and your physical or electronic signature. We respond to valid notices and may terminate repeat infringers.
If you send us ideas, suggestions or feedback about the Services, you grant us the right to use them without restriction or compensation, and you agree they are not confidential.
The Site links to Lenders, government agencies, e-signature and document services and other websites we do not control. We provide links for convenience, we do not endorse or take responsibility for those sites, and your use of them is governed by their terms and privacy policies. A transaction you enter with a Lender or other third party is solely between you and that party.
We treat the Materials and the non-public details of your request as confidential and disclose them only as the Privacy Policy and these Terms allow. In turn, you agree to keep confidential any non-public information we give you about a Lender, its programs, pricing, guidelines or decisions, and about our processes and Partners, and to use it only for your own request. Information that is public, already known to you, independently developed or lawfully received from someone else without a duty of confidence is not confidential. Either party may disclose confidential information when the law requires, after giving notice where permitted.
Our collection, use and sharing of information is described in the Privacy Policy, which includes our Gramm-Leach-Bliley Act privacy notice. By using the Services you acknowledge that Policy.
These Terms apply from your first use of the Services and continue until ended. You may stop using the Services at any time and may close a request by telling us in writing. We may suspend or end your access to all or part of the Services at any time, with or without notice, for a breach of these Terms, suspected fraud or misuse, a legal or regulatory reason, or because we discontinue a Service. Termination does not affect a Signed Agreement, which ends under its own terms, or any fee already earned. Sections that by their nature should survive, including Sections 6, 7, 15, 17 through 23, and 25 through 39, survive termination.
THE SITE, STEPHANIE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MERCFINANCIAL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY FINANCING WILL BE APPROVED OR FUNDED, THAT ANY RATE, AMOUNT OR TERM WILL BE AVAILABLE, THAT THE SITE OR STEPHANIE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY CONTENT OR RESPONSE IS ACCURATE OR COMPLETE. NO ORAL OR WRITTEN INFORMATION FROM US, STEPHANIE OR ANY LENDER CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, MERCFINANCIAL, ITS DIVISIONS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, OR FOR THE COST OF SUBSTITUTE FINANCING, ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, STEPHANIE OR THE SERVICES, OR TO ANY LENDER'S DECISION, DELAY OR CONDUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO MERCFINANCIAL UNDER A SIGNED AGREEMENT FOR THE REQUEST GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT, AND (B) FIVE HUNDRED U.S. DOLLARS ($500). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
You will defend, indemnify and hold harmless MercFinancial, its Divisions, members, managers, officers, employees, agents and service providers from and against all claims, losses, liabilities, damages, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: your Materials or any information you provide, including any inaccuracy in it; your use of the Services or a Lender's product; your breach of these Terms, a Signed Agreement or any law; your infringement of anyone's rights; or any dispute between you and a Lender, a Partner or another third party. We may assume the defence of any matter subject to indemnification, and you will cooperate with us. You will not settle a claim that imposes an obligation on us without our written consent.
To the extent the law allows, any claim arising out of or relating to these Terms or the Services must be filed within one year after it accrues, or it is permanently barred.
Before starting arbitration or any proceeding, the party with a claim will send the other a written notice describing the claim and the relief sought, to the address in Section 38 (for us) or to the email or postal address on file (for you). The parties will try in good faith to resolve the claim within 60 days of the notice, including by a telephone or video conference on request. Any limitations period is tolled during those 60 days.
Except as Section 30.4 provides, any dispute, claim or controversy between you and MercFinancial arising out of or relating to these Terms, the Privacy Policy, the Site, Stephanie, the Services, a request, a Lender introduction, or the relationship between us, including the existence, validity, scope, enforceability or interpretation of this Section, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the claim is filed. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Section.
The arbitration will be conducted by a single neutral arbitrator in Harris County, Texas, or by video conference if the parties agree or the arbitrator orders. For claims under $25,000 the arbitration will be decided on written submissions unless the arbitrator decides a hearing is necessary. The arbitrator may award any relief a court could award to the individual party seeking it, must follow applicable law and the limitations in these Terms, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees and costs, and the AAA's fees are allocated under its rules, except that the arbitrator may award fees and costs to the prevailing party where the law or a Signed Agreement allows. The arbitration and the award are confidential except as needed to enforce them.
YOU AND MERCFINANCIAL EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, AND FOR ANY CLAIM THAT PROCEEDS IN COURT FOR ANY REASON, YOU AND MERCFINANCIAL EACH KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY. If the class-action waiver is found unenforceable as to a particular claim, that claim will be severed and proceed in court under Section 31, and the rest of this Section will continue to apply.
Either party may (a) bring an individual claim in small-claims court if it qualifies; (b) seek a temporary restraining order, preliminary injunction or other provisional relief from a court to protect intellectual property, confidential information or the security of our systems pending arbitration; and (c) bring a claim that applicable law does not permit to be arbitrated.
If 25 or more similar claims are filed against MercFinancial by the same or coordinated counsel within a 90-day period, the AAA's Mass Arbitration Supplementary Rules apply, and the parties will cooperate to select bellwether cases before the remaining claims proceed.
You may reject this arbitration agreement by sending a written notice to the address in Section 38, Attention: Arbitration Opt-Out, within 30 days after you first accept these Terms, stating your name, the business, your contact details and that you opt out of arbitration. Opting out does not affect any other part of these Terms, including the jury-trial waiver, and does not affect a Signed Agreement.
If we change this Section after you accept these Terms, you may reject the change by notifying us within 30 days of the change, in which case the version you accepted continues to apply to disputes between us.
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by applicable federal law, including the Federal Arbitration Act. Subject to Section 30, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas, for any claim that proceeds in court, and you waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You will comply with all laws that apply to your use of the Services, including anti-money-laundering, anti-corruption, sanctions and export-control laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from dealing. We may decline, suspend or end service to comply with these laws.
Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, failures of utilities, telecommunications or internet infrastructure, cyber-attacks, or the acts or omissions of Lenders, except that payment obligations are not excused.
You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, to a Division, an affiliate or a successor in connection with a merger, acquisition, reorganization or sale of assets, and we may delegate performance to service providers, without notice. These Terms bind and benefit the parties and their permitted successors and assigns.
We may revise these Terms from time to time. The effective date at the top tells you when the current version took effect. For a material change we will give at least 30 days' notice by posting the revised Terms on the Site with a new effective date and, where we have your email address, by email. Your continued use of the Services after the effective date of a change accepts it, except that a change to Section 30 is subject to Section 30.7, and a change does not apply to a dispute that arose before it took effect. If you do not agree to a change, stop using the Services before it takes effect.
Notices to MercFinancial must be in writing and sent to the postal address in Section 38, with a copy by email to info@Merc.Financial, and are effective on receipt. Notices to you may be sent to the email address, mobile number or postal address you most recently gave us, or posted on the Site, and are effective when sent or posted. You are responsible for keeping your contact details current.
Questions about these Terms, notices under them, arbitration opt-outs and copyright notices can be sent to:
MercFinancial, Attention: Legal
24 Greenway Plaza, Suite 1800L
Houston, Texas 77046
Email: info@Merc.Financial
Telephone: (830) 587-5022, Monday through Friday, 8:00 AM to 6:00 PM, and Saturday, 9:00 AM to 2:00 PM Central
By using the Site or the Services you acknowledge that you have read these Terms, understand them, and agree to be bound by them, including the arbitration agreement and the class-action and jury-trial waivers in Section 30.