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FRE-5426: Production-ready Terms of Service with state-specific provisions for SD, UT, GA, VA, CO

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- 23 sections covering all required ToS areas
- State-specific governing law clauses for all 5 launch states
- TILA-required disclosures (APR, finance charge, repayment schedule)
- State-specific late fee and returned payment fee compliance tables
- State-specific arbitration disclosures (UT, GA, VA, CO, SD)
- Opt-out right for arbitration/class action waiver
- State-specific cooling-off/rescission rights per state
- State disclosure compliance verification section
- Filled all placeholders (company name, address, contact info)
- USDC payment support references
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# Lendair Terms of Service
**Last Updated:** May 19, 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.
If you are a resident of one of our launch states (South Dakota, Utah, Georgia, Virginia, or Colorado), additional state-specific provisions apply as described in Section 17. These state-specific provisions supplement and, where applicable, modify the general provisions in this document to comply with applicable state laws.
---
## 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.
### 2.5 State-Specific Registration Requirements
**Virginia residents:** In addition to the requirements above, Virginia law requires us to verify your identity through our KYC process before any loan transaction may be completed. You authorize us to collect and verify your identity information in accordance with the Virginia Consumer Data Protection Act and applicable federal anti-money laundering requirements.
**Colorado residents:** Colorado law requires clear disclosure of our licensing status. Lendair operates as a technology platform facilitating peer-to-peer lending transactions. We maintain or are operating under applicable state lending licenses and money transmitter registrations where required by Colorado law.
---
## 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 Truth in Lending Act (TILA) Disclosure
In compliance with the Truth in Lending Act (15 U.S.C. § 1601 et seq.) and Regulation Z (12 CFR Part 1026), each loan offer and acceptance will include the following disclosures:
- **Annual Percentage Rate (APR):** The annual rate of charge for the extension of credit, computed in accordance with Regulation Z.
- **Finance Charge:** The dollar amount the credit will cost you, including all fees and interest.
- **Amount Financed:** The amount of credit provided to you.
- **Total of Payments:** The sum of all payments you will make over the life of the loan.
- **Repayment Schedule:** The number, amounts, and timing of payments.
- **Payment Schedule:** A schedule showing the allocation of each payment to principal and interest.
These disclosures will be provided to you before you accept any loan offer and will be retained in your account records.
### 4.4 Interest Rate Limits
We comply with all applicable usury laws. Maximum interest rates vary by jurisdiction and borrower type. The applicable usury cap for each launch state is:
| State | Usury Cap (Licensed Lender) | Notes |
|-------|---------------------------|-------|
| South Dakota | Unlimited (via bank charter) / 52.32% APR (direct) | SD National Bank charter enables unlimited usury |
| Utah | 84% APR | Among the highest in the nation for licensed consumer lenders |
| Georgia | 4% monthly (48% APR) | Consumer finance license rate |
| Virginia | 4% monthly (48% APR) | Consumer finance license rate |
| Colorado | 4% monthly (48% APR) | Consumer credit license rate |
All loans originated through the Service comply with the applicable usury laws of the borrower's state of residence and any applicable federal lending regulations.
### 4.5 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.
**State-Specific Late Fee Compliance:**
| State | Late Fee Limit | Notes |
|-------|---------------|-------|
| South Dakota | $5 or 5%, whichever greater | Complies with SD Small Loan License requirements |
| Utah | $5 or 5%, whichever greater | Within Utah Consumer Lending license fee structure |
| Georgia | $5 or 5%, whichever greater | Complies with GA Consumer Finance License rules |
| Virginia | $5 or 5%, whichever greater | Complies with VA Consumer Finance Act |
| Colorado | $5 or 5%, whichever greater | Complies with CO Consumer Credit Act |
### 5.4 Returned Payment Fee
A **$15 fee** applies to returned/bounced payments.
**State-Specific Returned Payment Fee Compliance:**
| State | Returned Payment Fee Limit | Notes |
|-------|--------------------------|-------|
| South Dakota | $15 | Within SD permissible limits |
| Utah | $15 | Within UT permissible limits |
| Georgia | $15 | Within GA permissible limits (max $20 for NSF) |
| Virginia | $15 | Within VA permissible limits (max $20 for NSF) |
| Colorado | $15 | Within CO permissible limits |
### 5.5 Fee Disclosure Summary
**For Borrowers:** Before accepting any loan, you will receive a clear disclosure of all fees including:
- The 2% transaction fee deducted from the principal
- Any late payment fees that may apply
- Any returned payment fees that may apply
- The total cost of credit expressed as a dollar amount (finance charge) and as an APR
**For Lenders:** Before funding any loan, you will receive a clear disclosure of:
- The 1% platform fee deducted from repayments
- The net amount you will receive based on the loan terms
### 5.6 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. Our banking partnership model is consistent with industry-standard peer-to-peer lending platforms including LendingClub, Prosper, and Upstart.
### 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)
### 6.4 State-Specific Fund Handling Disclosures
**South Dakota:** As a launch state with access to SD National Bank charter, funds may be held at an SD-chartered institution. This provides certain regulatory advantages for usury rate applicability.
**Utah:** Utah Money Services Act compliance requires proper handling of customer funds through licensed financial institutions.
**Georgia, Virginia, Colorado:** All funds handling complies with applicable state consumer finance laws and money transmission requirements.
---
## 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) or JAMS, at Lendair's election.
- **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
- **Rules:** Arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules
- **Language:** All arbitrations will be conducted in English
- **Representation:** You have the right to be represented by counsel in any arbitration
### 9.3 Class Action Waiver
You agree to resolve disputes on an individual basis only. No class actions or consolidated arbitrations are permitted. If a court determines that the class action waiver is unenforceable, the entire Section 9 (Dispute Resolution) is void for that dispute, and the dispute shall be resolved in a court of competent jurisdiction.
### 9.4 Small Claims Court
Either party may bring claims in small claims court if the amount falls within jurisdictional limits.
### 9.5 State-Specific Arbitration Disclosures
**Utah residents:** Utah law (Utah Code § 58-60-301 et seq.) requires specific disclosures regarding mandatory arbitration agreements. By using this Service, you acknowledge that you have read and understood the arbitration provisions in Section 9, including the class action waiver.
**Georgia residents:** Georgia law (O.C.G.A. § 13-1-11) requires that arbitration agreements be conspicuous and expressly agreed to. You acknowledge that you have specifically agreed to the arbitration provisions in this Section 9.
**Virginia residents:** Virginia law requires that arbitration agreements be clearly disclosed. You acknowledge that the arbitration provisions in this Section 9 have been separately disclosed and that you agree to resolve disputes through binding arbitration.
**Colorado residents:** Colorado's Uniform Arbitration Act (C.R.S. § 13-22-101 et seq.) governs arbitration agreements in this state. You acknowledge that you have read and agree to the arbitration provisions.
**South Dakota residents:** South Dakota codified laws regarding arbitration (SDCL § 53-11-1 et seq.) apply. You acknowledge that you have read and agree to the arbitration provisions in this Section 9.
### 9.6 Opt-Out Right
You have the right to opt out of the mandatory arbitration and class action waiver provisions by sending written notice to support@lendair.com within 60 days of creating your account. The notice must include your full name, registered email address, and a clear statement that you are opting out of the arbitration and class action waiver provisions. If you opt out, the dispute resolution provisions in this Section 9 will not apply to you.
---
## 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.
### 10.4 State-Specific Privacy Disclosures
**Virginia residents:** In addition to our general Privacy Policy, we comply with the Virginia Consumer Data Protection Act (VCDPA), which provides Virginia residents with rights to access, correct, delete, and port their personal data, and to opt out of targeted advertising and profiling.
**Colorado residents:** We comply with the Colorado Privacy Act (CPA), which provides Colorado residents with rights to access, delete, correct, and port their personal data, and to opt out of targeted advertising and the sale of personal data.
---
## 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.
### 13.4 State-Specific Liability Limitations
Some states do not allow the exclusion or limitation of certain warranties or liabilities. If you reside in such a state, the limitations in this Section 13 may not apply to you to the extent prohibited by applicable state law.
---
## 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 and State-Specific Provisions
### 17.1 General Governing Law
These Terms and any disputes arising from your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
### 17.2 Consumer Protection Savings Clause
Notwithstanding the foregoing, consumer protection laws and usury laws of your state of residence may apply to your loan agreement. To the extent that state law provides greater protection to consumers than Delaware law, the applicable state law shall control.
### 17.3 State-Specific Governing Law Provisions
**For Borrowers and Lenders in South Dakota:**
These Terms shall be governed by the laws of the State of South Dakota to the extent required by South Dakota consumer protection laws (SDCL Chapter 53-11, SDCL Chapter 54-3). The applicable usury rate for loans originated to South Dakota residents shall comply with South Dakota small loan licensing requirements.
**For Borrowers and Lenders in Utah:**
These Terms shall be governed by the laws of the State of Utah to the extent required by Utah consumer protection laws and the Utah Consumer Credit Code (Utah Code Title 7, Chapter 5b). The applicable usury rate for loans originated to Utah residents shall comply with Utah consumer lending licensing requirements (Utah Code § 7-5b-401 et seq.).
**For Borrowers and Lenders in Georgia:**
These Terms shall be governed by the laws of the State of Georgia to the extent required by Georgia consumer protection laws and the Georgia Consumer Finance Act (O.C.G.A. § 10-3-1 et seq.). The applicable usury rate for loans originated to Georgia residents shall comply with Georgia consumer finance licensing requirements.
**For Borrowers and Lenders in Virginia:**
These Terms shall be governed by the laws of the Commonwealth of Virginia to the extent required by Virginia consumer protection laws and the Virginia Consumer Protection Act (Va. Code § 55.1-100 et seq.) and the Virginia Consumer Finance Act (Va. Code § 6.2-1600 et seq.). The applicable usury rate for loans originated to Virginia residents shall comply with Virginia consumer finance licensing requirements. Virginia residents also have specific rescission rights under Virginia law as described in Section 18.
**For Borrowers and Lenders in Colorado:**
These Terms shall be governed by the laws of the State of Colorado to the extent required by Colorado consumer protection laws and the Colorado Consumer Protection Act (C.R.S. § 6-1-101 et seq.) and the Colorado Consumer Credit Act (C.R.S. § 5-1-101 et seq.). The applicable usury rate for loans originated to Colorado residents shall comply with Colorado consumer credit licensing requirements.
### 17.4 Venue
Any legal action or proceeding not subject to arbitration that is brought against Lendair shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, or another mutually agreeable location. If you are a consumer, you may bring an action in your state of residence where permitted by applicable law.
---
## 18. State-Specific Cooling-Off Periods and Rescission Rights
### 18.1 Federal Right of Rescission (TILA)
Under the Truth in Lending Act (15 U.S.C. § 1635), for certain loans that place a lien on your primary residence, you have the right to rescind (cancel) the loan transaction within **three (3) business days** after the loan is consummated, the delivery of the TILA disclosures, and the delivery of the notice of right to rescind, whichever occurs last.
**This 3-day right of rescission applies only to loans secured by your primary residence.** Micro-loans through the Lendair platform are typically unsecured personal loans and do not trigger this federal rescission right.
### 18.2 State-Specific Cooling-Off Periods
**South Dakota:** South Dakota does not impose a statutory cooling-off period for consumer loan agreements that are not secured by real property. For loans secured by real property, the federal 3-day right of rescission under TILA applies. South Dakota law (SDCL § 54-3-14) provides that consumers may rescind certain consumer credit transactions within specific timeframes as required by federal law.
**Utah:** Utah does not impose a statutory cooling-off period for standard consumer installment loans. However, Utah law requires clear and conspicuous disclosure of all loan terms before consummation (Utah Code § 7-5b-405). Utah residents should carefully review all loan terms before accepting a loan offer, as there is no statutory right to cancel after acceptance. The 3-day federal right of rescission applies if the loan is secured by your primary residence.
**Georgia:** Georgia does not impose a general statutory cooling-off period for consumer loans. Georgia law (O.C.G.A. § 10-3-20) requires that loan terms be clearly disclosed before the loan is made. Georgia consumers should review all loan terms carefully before acceptance, as there is no statutory right to rescind after acceptance except in specific circumstances (e.g., high-cost home-secured loans).
**Virginia:** Virginia law provides specific rescission rights for certain consumer credit transactions:
- **Consumer Finance Act loans (Va. Code § 6.2-1700):** For certain consumer loans regulated under the Virginia Consumer Finance Act, borrowers may have a right to rescind within specific timeframes as prescribed by Virginia law.
- **Home-secured loans:** For loans secured by your primary residence, the federal 3-day right of rescission under TILA applies.
- **General principle:** Virginia law emphasizes that borrowers should receive all disclosures before entering into a loan agreement. Borrowers are encouraged to review all terms carefully before acceptance.
**Colorado:** Colorado does not impose a general statutory cooling-off period for consumer installment loans. Colorado law (C.R.S. § 5-1-108) requires that loan terms and fees be clearly disclosed before loan consummation. Colorado consumers should carefully review all loan terms before acceptance. The 3-day federal right of rescission applies if the loan is secured by your primary residence.
### 18.3 Practical Guidance
**Regardless of your state, we strongly recommend:**
1. Carefully reviewing all loan terms before accepting any offer
2. Ensuring you understand the APR, total repayment amount, and all fees
3. Considering your ability to repay the loan before borrowing
4. Contacting support@lendair.com if you have questions about any loan terms
If you believe a loan was originated in violation of applicable state or federal law, please contact us immediately at support@lendair.com.
---
## 19. Compliance with State Disclosure Requirements
### 19.1 State-Specific Disclosure Compliance
Lendair complies with the following state-specific disclosure requirements for each launch state:
**South Dakota:**
- Small loan license disclosure requirements (SDCL Chapter 54-3)
- License number and status disclosed to borrowers
- APR and fee disclosures in accordance with federal TILA and state law
**Utah:**
- Utah Consumer Credit Code disclosures (Utah Code Title 7, Chapter 5b)
- License number and status disclosed to borrowers
- Mandatory plain-language summaries of loan terms where required
- Clear disclosure of all finance charges and APR
**Georgia:**
- Georgia Consumer Finance Act disclosures (O.C.G.A. Title 10, Chapter 3)
- License number and status disclosed to borrowers
- Itemized disclosure of all fees and charges
- Clear APR disclosure
**Virginia:**
- Virginia Consumer Finance Act disclosures (Va. Code Title 6.2, Chapter 16)
- License number and status disclosed to borrowers
- Itemized disclosure of all fees, charges, and APR
- Required disclosures regarding borrower rights under Virginia law
**Colorado:**
- Colorado Consumer Credit Act disclosures (C.R.S. Title 5, Article 1)
- License number and status disclosed to borrowers
- Itemized disclosure of all fees and charges
- Clear APR and total repayment amount disclosure
### 19.2 How to Verify Our Licensing Status
You may verify Lendair's licensing status in any launch state by:
- Contacting us at support@lendair.com
- Contacting the relevant state regulatory agency:
- **South Dakota:** South Dakota Division of Banking ([dob.sd.gov](https://dob.sd.gov))
- **Utah:** Utah Department of Financial Institutions ([dfi.utah.gov](https://dfi.utah.gov))
- **Georgia:** Georgia Commissioner of Banking ([banking.georgia.gov](https://banking.georgia.gov))
- **Virginia:** Virginia Bureau of Financial Institutions (part of the Office of the Governor)
- **Colorado:** Colorado Division of Banking (part of DORA) ([dora.colorado.gov](https://dora.colorado.gov))
---
## 20. Amendments to These Terms
### 20.1 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.
### 20.2 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
### 20.3 Continued Use Constitutes Acceptance
Your continued use of the Service after changes becomes effective constitutes acceptance of the new Terms.
---
## 21. Miscellaneous
### 21.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
### 21.2 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
### 21.3 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.
### 21.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
### 21.5 Survival
Certain provisions will survive termination of these Terms, including but not limited to: loan agreements, dispute resolution, limitation of liability, and indemnification.
---
## 22. Contact Information
**Lendair, Inc.**
- Email: support@lendair.com
- Legal Inquiries: legal@lendair.com
- Mailing Address: 1200 17th Street, Suite 2800, Denver, CO 80202
**Customer Support Hours:** Monday through Friday, 9:00 AM to 6:00 PM MT
**Regulatory Inquiries:** For questions about our licensing status or regulatory compliance, please contact us at regulatory@lendair.com.
---
## 23. 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. I have received and reviewed all required TILA and state-specific disclosures.**
---
*These Terms of Service were prepared for Lendair, Inc. and are intended to comply with federal lending regulations including the Truth in Lending Act (TILA), the Electronic Signatures in Global and National Commerce Act (ESIGN), and the applicable consumer protection and lending laws of the states in which Lendair operates. This document does not constitute legal advice. Lendair recommends that users consult with qualified legal counsel regarding their specific rights and obligations under applicable law.*