Sunwise Capital, LLC
Last Updated: May 26, 2026
Agreement to These Terms
These Terms of Service (“Terms”) govern your access to and use of the website located at sunwisecapital.com, including all related content, features, and services (collectively, the “Services”), made available by Sunwise Capital, LLC (“Sunwise Capital,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY-TRIAL WAIVER (SECTION 17). THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
By accessing or using the Services, by clicking a button or checking a box indicating acceptance, or by submitting an application or information through the Services, you agree to be bound by these Terms, and our Privacy Policy. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms, and “you” means both you individually and that business.
Sunwise Capital provides information about business funding, loans, and related financial products. Some products and services made available through the Services are provided by third-party lenders, lending partners, and service providers (collectively, “Service Providers”). We are not a bank, credit union, depository institution, or credit card issuer. Except where we expressly identify ourselves as the lender, we do not originate or make funding decisions on behalf of Service Providers, and we do not control or guarantee the rates, terms, fees, qualifications, or availability of any Service Provider’s products. Any funding you receive will be governed by a separate agreement between you and the applicable Service Provider.
You may use the Services only if you (a) are at least 18 years old, (b) reside in and are located in the United States, (c) are not barred from receiving the Services under U.S. law (including U.S. trade sanctions and export laws), and (d) have the legal capacity to enter into a binding contract. The Services are intended for use by business owners and authorized representatives of businesses seeking funding. By using the Services, you represent and warrant that you meet these requirements.
We may add, modify, suspend, or discontinue all or any portion of the Services at any time, with or without notice. We may impose limits on certain features or restrict your access to parts of or all of the Services without notice or liability. We are not responsible if the Services are unavailable at any time or for any period. You are responsible for arrangements necessary to access the Services and for ensuring that anyone accessing the Services through your internet connection is aware of and complies with these Terms.
To request funding information or apply for funding, you may be required to submit information about yourself and your business, including name, contact information, date of birth, Social Security Number, Employer Identification Number, financial information, and supporting documentation (collectively, “Application Information”). You agree that:
Our collection and use of Application Information is described in our Privacy Policy at https://sunwisecapital.com/privacy-policy. Your consent to be contacted by phone, text, or email (including by automated means) is governed by the disclosure provided at the point of submission (the “Funnel Disclaimer”) and not by these Terms.
Subject to your compliance with these Terms, Sunwise Capital grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own internal business or personal use to evaluate and apply for funding products. This license does not include any right to resell, repurpose, or use the Services for any other commercial purpose; to reverse-engineer or attempt to derive the source code of any software used in the Services; to scrape, harvest, or collect data from the Services by automated means; or to build a competing product or service. All rights not expressly granted are reserved.
The Services, including all text, graphics, images, software, audio, video, trademarks, logos, and other content (collectively, the “Licensed Content”), are owned by Sunwise Capital or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws. “Sunwise Capital” and our logos are trademarks of Sunwise Capital, LLC. You may not use any Sunwise Capital trademark without our prior written consent. Any unauthorized use of the Licensed Content terminates the license granted in Section 5 and may violate applicable law.
The Services may provide opportunities for you to submit content, including ratings, reviews, comments, testimonials, questions, suggestions, and other materials (collectively, “User Contributions”). User Contributions are considered non-confidential and non-proprietary. By submitting any User Contribution, you grant Sunwise Capital and our affiliates, service providers, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contributions in any media now known or later developed, for any lawful purpose, without compensation to you.
You represent and warrant that (a) you own or otherwise control all rights to your User Contributions, (b) all User Contributions comply with these Terms and applicable law, and (c) your User Contributions do not violate the rights of any third party, including intellectual property, privacy, and publicity rights. You are solely responsible for your User Contributions and the consequences of submitting them.
You agree not to:
Use the Services in violation of any applicable law, regulation, or third-party right;
We have the right (but not the obligation) to:
YOU WAIVE AND HOLD HARMLESS SUNWISE CAPITAL AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ACTIONS TAKEN BY ANY OF THESE PARTIES IN CONNECTION WITH SUCH INVESTIGATIONS OR FROM ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We are under no obligation to monitor or review User Contributions before they are posted and cannot guarantee prompt removal of objectionable material.
Sunwise Capital complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content on the Services infringes your copyright, you may submit a notice to our designated agent that includes:
Designated Agent for DMCA Notices:
Noble Law Firm
6830 North Federal Highway, Boca Raton, FL 33487
Telephone: 561.353.9300
Fax: 305.675.3383
Email: [email protected]
Counter-Notification. If your User Contribution is removed in response to a DMCA notice, you may submit a counter-notification to the agent above that includes (a) your physical or electronic signature, (b) identification of the material that was removed and its location before removal, (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, (d) your name, address, and telephone number, and (e) a statement that you consent to the jurisdiction of the federal court in the district where you reside (or, if outside the U.S., for the Southern District of Florida) and that you will accept service of process from the person who provided the original DMCA notice.
Repeat Infringer Policy. We will terminate the accounts and access of users we determine, in our sole discretion, to be repeat infringers.
The Services include general information about funding options and financial products. Information available through the Services is provided for general informational purposes only and is not legal, tax, accounting, or investment advice. You should consult your own advisors before making any business or financial decision. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. Any reliance you place on such information is at your own risk.
The Services may include content from third parties (including Service Providers, advertisers, licensors, aggregators, and other users) and may contain links to third-party websites. We do not control and are not responsible for the content, accuracy, privacy practices, or terms of any third party. Your interactions with third parties, including Service Providers, are solely between you and the third party.
The Services are intended for users in the United States. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUNWISE CAPITAL AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED.
YOU ARE RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND EQUIPMENT. SUNWISE CAPITAL DOES NOT WARRANT THAT FILES OBTAINED THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above disclaimers may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUNWISE CAPITAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY CONTENT ON OR OBTAINED THROUGH THE SERVICES, OR ANY ACT OR OMISSION OF ANY SERVICE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SUNWISE CAPITAL AND ITS AFFILIATES UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO SUNWISE CAPITAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Sunwise Capital, its affiliates, licensors, and Service Providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your violation of any applicable law or third-party right, (c) your User Contributions, or (d) your misuse of the Services. Sunwise Capital reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claim.
You acknowledge that funding products are offered by Service Providers, not by Sunwise Capital (except where we expressly identify ourselves as the lender). You agree that any dispute regarding a Service Provider’s product, service, or conduct is between you and the Service Provider, and you release Sunwise Capital and its affiliates from all claims, demands, and damages of every kind arising out of any dispute with any Service Provider.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SUNWISE CAPITAL TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHT TO BRING A CLAIM IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.
17.1 Informal Resolution. Before filing a claim, you and Sunwise Capital each agree to attempt to resolve any dispute informally. You agree to send a written notice describing the dispute and proposed resolution to [email protected]. Sunwise Capital will send any such notice to your email or mailing address on file. The parties will negotiate in good faith for at least 30 days before initiating arbitration.
17.2 Binding Arbitration. Except as provided in Section 17.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Sunwise Capital (“Dispute”) will be resolved exclusively through final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or under the JAMS Comprehensive Arbitration Rules if the amount in controversy exceeds $250,000). The arbitration will be conducted in Palm Beach County, Florida (or, at your election if you are a consumer, in the county where you reside). The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
17.3 Class Action Waiver. YOU AND SUNWISE CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, representative, mass, or consolidated proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 17 will be null and void, but the remainder of these Terms will remain in effect.
17.4 Exceptions. Notwithstanding Sections 17.2 and 17.3, either party may (a) bring an individual action in small claims court for disputes within that court’s jurisdiction, (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, and (c) report Disputes to government agencies authorized to address them. Each party retains the right to opt out of arbitration as described in Section 17.5.
17.5 30-Day Opt-Out. You may opt out of this Section 17 by sending written notice to [email protected] [CONFIRM EMAIL] within 30 days after first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.
17.6 Jury-Trial Waiver. To the fullest extent permitted by law, you and Sunwise Capital each knowingly and voluntarily waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Services.
These Terms, and any Dispute not subject to arbitration under Section 17, are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration, you and Sunwise Capital consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in Palm Beach County, Florida, and waive any objections to such jurisdiction or venue.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. If applicable law prohibits a one-year limitation, the shortest period permitted by law will apply.
We may revise these Terms from time to time. The “Last Updated” date at the top of these Terms identifies the most recent version. If we make a material change, we will provide notice on the Services or by other reasonable means and, where required, obtain your consent before the change takes effect. Your continued use of the Services after the effective date of a change constitutes your acceptance of the revised Terms. Changes to Section 17 (Dispute Resolution) will not apply to any Dispute of which the parties had actual notice before the change took effect.
21.1 Entire Agreement
These Terms, together with our Privacy Policy, our Funnel Disclaimer, and any other documents we expressly incorporate by reference, constitute the entire agreement between you and Sunwise Capital with respect to the Services and supersede all prior or contemporaneous understandings or agreements with respect to the Services.
21.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, will be deemed deleted, and the remaining provisions will continue in full force and effect.
21.3 Waiver
No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Sunwise Capital. No failure or delay by Sunwise Capital to exercise any right under these Terms will constitute a waiver of that right.
21.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Sunwise Capital may freely assign or transfer these Terms, in whole or in part, without notice or consent. Any prohibited assignment is null and void.
21.5 Force Majeure
Sunwise Capital will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, cyberattacks, or service-provider failures.
21.6 Survival
The following sections survive any termination or expiration of these Terms: Sections 5 (license restrictions), 6 (intellectual property), 7 (User Contributions license), 9 (release), 13 (disclaimers), 14 (limitation of liability), 15 (indemnification), 16 (release of Service Providers), 17 (dispute resolution), 18 (governing law), 19 (time to file), and 21 (general provisions).
21.7 Notices
We may provide notices to you by email, by posting on the Services, or by any other method we reasonably choose. You may provide notices to Sunwise Capital by mail to 20423 State Rd 7 F6-350, Boca Raton, FL 33498 USA, or by email to [email protected].
21.8 Electronic Communications
You consent to receive communications from Sunwise Capital electronically, including by email and through the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
21.9 No Third-Party Beneficiaries
Except as expressly stated in these Terms (including any release of Service Providers), there are no third-party beneficiaries to these Terms.
21.10 Headings
Section headings are for convenience only and do not affect interpretation.
Contact Us
If you have any questions about these Terms or the Services, please contact us:
20423 State Rd 7 F6-350
Boca Raton, FL 33498 USA
Phone: 888.456.9223
