FLX Capital's Legal Disclaimers
Last Revised: March 19, 2020
FLX Capital provides small businesses loan as working capital. Our partners’ technology platform automatically evaluates a multitude of business performance variables by integrating data from firmographic, banking, and credit card processing sources with proprietary risk models built from over 150,000 transactions over multiple business cycles in hundreds of industries. This enables FLX Capital to have unparalleled insight into the strength of the business and provide access to capital based on factors that include business performance, rather than solely the personal credit scores of the business owners. FLX Capital, Inc. makes capital available to businesses through business loans made by CAN Capital, Inc., and WebBank, member FDIC, and through Merchant Cash Advances made by CAN Capital’s subsidiary CAN Capital Merchant Services, Inc. ©2017 CAN Capital. All rights reserved. One of the financial products offered through FLX Capital is the purchasing of a specified amount of a business’s future credit card and other payment card sales at a discount through its partners. These purchase transactions are typically referred to as “Merchant Cash Advances” or “MCAs.” MCAs are not loans or extensions of credit, but rather “true sales” of a merchant’s unborn card receivables regarding which CCMS bears the risk of loss. In an MCA transaction, MCAs have no set term, maturity date, or fixed or minimum payment amounts (and, therefore, no late fees or penalties). SMB owners are required to guarantee the performance of certain covenants in the MCA agreement, such as the SMB’s covenant to use the designated card processor exclusively. However, MCAs include no personal guarantee of “payment,” such as those associated with traditional loan financing. In the MCA agreement, SMB owners do not guarantee they will deliver the purchased receivables nor do they pledge personal collateral to secure such an obligation. Business Loans A small business loan is an amount of money borrowed by a SMB for the business or business purposes. A loan has a term and a maturity date. In describing FLX Capital or loan capabilities and how they serve the needs of SMBs, capital providers, payment processors, and others, the Site often speaks in terms of “lenders,” “loans,” “credit,” and other loan-related terminology. Business loans obtained through FLX Capital and its partners are made by WebBank, member FDIC. WebBank and CAN Capital. WebBank makes loans to qualifying applicants. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.