diff --git a/plans/terms_of_service_2026-03-22.md b/plans/terms_of_service_2026-03-22.md new file mode 100644 index 0000000..8e188d3 --- /dev/null +++ b/plans/terms_of_service_2026-03-22.md @@ -0,0 +1,402 @@ +# Terms of Service + +**Last Updated:** March 22, 2026 + +## 1. Acceptance of Terms + +By accessing or using the Lendair platform (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. + +We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Your continued use of the Service after such changes constitutes acceptance of the new Terms. + +--- + +## 2. User Accounts and Registration + +### 2.1 Account Creation +To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including: +- Full legal name +- Valid email address +- Phone number +- Government-issued identification +- Credit history authorization +- Bank account information + +### 2.2 Account Security +You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. + +### 2.3 Age Requirement +You must be at least 18 years old (or the age of majority in your jurisdiction) to use this Service. + +### 2.4 One Account Per User +You may maintain only one account. We reserve the right to suspend or terminate accounts we believe violate this provision. + +--- + +## 3. Services Provided + +Lendair operates a peer-to-peer micro-lending platform that connects lenders and borrowers. The Service includes: + +### 3.1 For Borrowers +- Requesting micro-loans from individual lenders +- Browsing available loan offers +- Accepting loan terms +- Repaying loans through the platform +- Building credit history + +### 3.2 For Lenders +- Listing funds available for lending +- Setting interest rates and terms +- Browsing loan requests +- Funding borrower loans +- Receiving repayments + +### 3.3 Platform Role +Lendair is a **technology platform only**. We do not: +- Lend our own money +- Guarantee loan repayment +- Insure lender investments +- Act as a bank or financial institution + +--- + +## 4. Loan Agreements and Terms + +### 4.1 Loan Agreement Formation +A legally binding loan agreement is formed when: +- A borrower accepts a loan offer, OR +- A lender funds a loan request + +The loan agreement is between the **lender and borrower directly**, not with Lendair. + +### 4.2 Loan Terms Disclosure +Each loan agreement will clearly display: +- Principal amount +- Annual Percentage Rate (APR) +- Loan term (duration) +- Repayment schedule +- Total repayment amount +- Any applicable fees + +### 4.3 Interest Rate Limits +We comply with all applicable usury laws. Maximum interest rates vary by jurisdiction and borrower type. + +### 4.4 Loan Limits +- Minimum loan amount: $10 +- Maximum loan amount: Varies by borrower credit profile and lender limits +- Borrowers may have multiple active loans subject to credit limits + +--- + +## 5. Fees and Charges + +### 5.1 Platform Fee (Lenders) +Lendair charges a **1% platform fee** on all successful loan originations, deducted from the principal before disbursement to borrowers. + +**Example:** A $100 loan at 10% interest: +- Lender provides: $100 +- Platform fee: $1.00 +- Borrower receives: $99.00 +- Borrower repays: $110.00 (if 10% interest) +- Lender net return: $110.00 - $1.00 = $109.00 + +### 5.2 Transaction Fee (Borrowers) +A **2% transaction fee** is charged on loan disbursements, deducted from the principal. + +**Example:** A $100 loan: +- Transaction fee: $2.00 +- Borrower receives: $98.00 + +### 5.3 Late Payment Fee +Late payments incur a fee of **$5 or 5% of the overdue amount, whichever is greater**, after a 5-day grace period. + +### 5.4 Returned Payment Fee +A **$15 fee** applies to returned/bounced payments. + +### 5.5 Currency +All amounts are denominated in **US Dollars (USD)** unless otherwise specified. + +--- + +## 6. Funds Handling + +### 6.1 Bank Partner +Funds are held, processed, and disbursed through our licensed bank partner(s). Lendair does not hold customer funds directly. + +### 6.2 FDIC Insurance +Funds in transit may be eligible for pass-through FDIC insurance up to $250,000 per account through our banking partner, subject to their terms. + +### 6.3 Withdrawal Timing +- **Standard ACH:** 1-3 business days +- **Instant transfer:** Available for additional fee (varies by funding method) + +--- + +## 7. Late Payment Policies + +### 7.1 Grace Period +A **5-day grace period** applies to all scheduled payments. + +### 7.2 Late Fee Assessment +Late fees are automatically assessed on the 6th day after the due date. + +### 7.3 Credit Reporting +- Payments made more than 30 days late may be reported to credit bureaus +- Positive payment history is reported when you opt-in + +### 7.4 Communication +We will attempt to contact borrowers before and after missed payments via: +- Email +- SMS/text message +- Phone call + +By using the Service, you authorize us to contact you at the phone number and email provided. + +--- + +## 8. Default and Collections + +### 8.1 Definition of Default +A loan is considered in **default** when: +- A payment is more than **90 days late**, OR +- The borrower files for bankruptcy, OR +- The borrower dies or becomes incapacitated, OR +- The borrower violates material terms of the loan agreement + +### 8.2 Collections Process +Upon default, we may: +1. Assign the debt to a third-party collections agency +2. Report the default to credit bureaus +3. Pursue legal action to recover the owed amount +4. Charge the borrower's linked bank account (with proper authorization) +5. Take other remedies available under applicable law + +### 8.3 Borrower Responsibilities in Default +Borrowers who default agree to: +- Pay all amounts due, including principal, interest, and fees +- Pay reasonable collections costs and attorney fees +- Comply with any repayment arrangement agreed upon + +### 8.4 Lender Remedies +Lenders whose loans go into default may: +- Receive partial recovery through our collections process +- Write off the loan as a loss +- Have the default noted on their platform profile + +**No lender is guaranteed full or partial recovery of defaulted loans.** + +--- + +## 9. Dispute Resolution + +### 9.1 Informal Resolution +We encourage informal resolution of disputes: +1. Contact our support team at support@lendair.com +2. Provide detailed information about the dispute +3. Allow 30 days for us to attempt resolution + +### 9.2 Binding Arbitration +**Mandatory Arbitration:** Except for small claims court or injunctive relief, any dispute, claim, or controversy arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). + +- **Location:** Arbitration will occur in your local county or a mutually agreeable location +- **Costs:** Each party bears their own costs unless the arbitrator determines otherwise +- **Limitation on Remedies:** In any arbitration, the arbitrator may not award damages beyond what is directly attributable to the dispute + +### 9.3 Class Action Waiver +You agree to resolve disputes on an individual basis only. No class actions or consolidated arbitrations are permitted. + +### 9.4 Small Claims Court +Either party may bring claims in small claims court if the amount falls within jurisdictional limits. + +--- + +## 10. Privacy and Data Handling + +### 10.1 Privacy Policy +Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share your information. + +### 10.2 Information Sharing +We may share your information with: +- Lenders/borrowers as necessary to facilitate loans +- Credit bureaus for reporting purposes +- Banking partners for payment processing +- Service providers who assist in operating the Service +- Law enforcement or government authorities when required by law + +### 10.3 Data Retention +We retain account information and transaction records for a minimum of **7 years** after account closure, as required by applicable law. + +--- + +## 11. Representations and Warranties + +### 11.1 Borrower Representations +By requesting loans, you represent that: +- All information provided is true, accurate, and complete +- You have the legal capacity to enter into loan agreements +- The loan will not be used for illegal purposes +- You have the ability to repay the loan according to its terms + +### 11.2 Lender Representations +By making loans, you represent that: +- You have the legal right and authority to lend the funds +- The funds are from a lawful source +- You understand the risks of peer-to-peer lending +- You can afford to lose the entire amount lent + +--- + +## 12. Risk Disclosures (Lenders) + +**Peer-to-peer lending involves significant risk, including:** + +### 12.1 Credit Risk +Borrowers may default on their loans. You may lose some or all of your investment. + +### 12.2 No FDIC Insurance +Loans are **not bank deposits** and are not insured by the FDIC or any government agency. + +### 12.3 No Lendair Guarantee +Lendair does not guarantee repayment of loans or any specific return on your investment. + +### 12.4 Market Risk +Economic conditions may affect borrower repayment ability and platform performance. + +### 12.5 Liquidity Risk +Loans are illiquid investments. There is no secondary market to sell loans before maturity. + +--- + +## 13. Limitation of Liability + +### 13.1 No Consequential Damages +TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDAIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. + +### 13.2 Limited Liability +Lendair's total liability for any claim arising from these Terms shall not exceed the greater of: +- $100, or +- The fees you paid to Lendair in the 12 months preceding the claim + +### 13.3 Service Provided "As Is" +The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. + +--- + +## 14. Account Suspension and Termination + +### 14.1 Our Right to Suspend or Terminate +We may suspend or terminate your access to the Service at our sole discretion, without notice, for: +- Violation of these Terms +- Suspicious or fraudulent activity +- Failure to provide requested documentation +- Inactivity (accounts inactive for more than 2 years) +- Any other reason we deem appropriate + +### 14.2 Effect of Termination +Upon termination: +- You lose access to the platform immediately +- Outstanding loans remain enforceable according to their terms +- Lenders retain rights to collect on funded loans +- Borrowers remain obligated to repay outstanding balances + +### 14.3 Your Right to Close Account +You may close your account at any time by contacting support. You must: +- Repay all outstanding loans (if borrower) +- Wait for existing loans to mature or be repaid (if lender) + +--- + +## 15. Prohibited Uses + +You may not use the Service to: +- Engage in money laundering or other financial crimes +- Fund illegal activities or terrorist organizations +- Circumvent sanctions or export controls +- Commit fraud or deceive other users +- Interfere with platform security or operations +- Automate interactions without authorization (bots, scrapers) +- Harass, abuse, or harm others +- Violate any applicable law or regulation + +--- + +## 16. Intellectual Property + +### 16.1 Our Intellectual Property +The Service and its content, features, and functionality are owned by Lendair and protected by copyright, trademark, and other intellectual property laws. + +### 16.2 Your Content +You retain ownership of content you submit. By submitting content, you grant Lendair a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content on the Service. + +--- + +## 17. Governing Law + +These Terms are governed by the laws of **the State of Delaware**, without regard to conflict of law principles. However, consumer protection laws and usury laws of your jurisdiction may still apply to loan agreements. + +--- + +## 18. Compliance and Regulatory Matters + +### 18.1 Know Your Customer (KYC) +We are required to verify your identity in accordance with applicable anti-money laundering laws. You must provide valid government-issued identification. + +### 18.2 Credit Checks +We perform credit checks as part of our risk assessment process. By using the Service, you authorize us to obtain credit reports from one or more consumer reporting agencies. + +### 18.3 Regulatory Changes +We reserve the right to modify or discontinue any feature of the Service to comply with applicable laws and regulations. + +--- + +## 19. Amendments to These Terms + +### 19.1 Our Right to Modify +We may update these Terms at any time. The "Last Updated" date at the top of these Terms will reflect the most recent changes. + +### 19.2 Notice of Changes +- **Material changes:** We will provide at least 30 days' notice via email or prominent in-app notification +- **Non-material changes:** Will be effective immediately upon posting + +### 19.3 Continued Use Constitutes Acceptance +Your continued use of the Service after changes becomes effective constitutes acceptance of the new Terms. + +--- + +## 20. Miscellaneous + +### 20.1 Severability +If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. + +### 20.2 Waiver +Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. + +### 20.3 Entire Agreement +These Terms, together with our Privacy Policy and any additional terms posted on the Service, constitute the entire agreement between you and Lendair regarding your use of the Service. + +### 20.4 Assignment +You may not assign these Terms without our prior written consent. We may assign these Terms without restriction. + +### 20.5 Survival +Certain provisions will survive termination of these Terms, including but not limited to: loan agreements, dispute resolution, limitation of liability, and indemnification. + +--- + +## 21. Contact Information + +**Lendair Inc.** +- Email: support@lendair.com +- Address: [To be determined upon incorporation] + +For legal inquiries: legal@lendair.com + +--- + +## 22. Acknowledgment + +**BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.** + +### For Lenders: +**I understand that loans made through this platform are not insured, not guaranteed by Lendair, and carry the risk of total loss. I have the financial capacity to absorb such losses.** + +### For Borrowers: +**I understand that failing to repay loans may result in collections activity, credit reporting, legal action, and additional costs. I have the ability and intention to repay according to the agreed terms.**