Terms of Service

CapMatch helps commercial real estate sponsors prepare financing requests, identify capital sources that may fit, and manage communication with lenders. Lenders use the Service to review opportunities.

• We are not a lender. CapMatch does not make loans or issue loan commitments. Every credit decision belongs to the lender.
• No guarantee of financing. We do not guarantee that any lender will review, quote, approve, or fund your request, or that any terms, timing, or proceeds will be available.
• Matches and examples are estimates. Lender-fit indications, market data, and examples on the Service are informational. They are not offers or approvals.
• Not legal, tax, or investment advice. You remain responsible for your own financing decisions and should consult your own advisors.

You must be at least 18 and use the Service for business purposes. Keep your sign-in credentials confidential and tell us promptly at legal@capmatch.com if you believe your account has been compromised. You are responsible for activity under your account and for the people you invite and the permissions you give them.

You own the documents and data you upload (“Your Content”). You give CapMatch a limited license to host, process, analyze, and reproduce Your Content to provide the Service, including preparing materials and sharing them with lenders and capital providers you approve. We never share Your Content with a lender without your approval. Our Privacy Policy explains how we handle it.

You confirm that:

• You have the right to upload and share Your Content, including information about other people, such as guarantors.
• To the best of your knowledge, Your Content is accurate and not misleading, and you will correct it if you learn otherwise.
• Materials the Service prepares from Your Content are drafts for your review. You are responsible for reviewing them before they are shared.

Deal information on the Service is confidential. If you receive another party's deal information, for example as a lender, you may use it only to evaluate that opportunity, and you must not disclose it except to your own personnel and advisors who need it for that purpose and are bound to keep it confidential.

Creating an account is free. Any fee for CapMatch's services is set out in a separate written agreement with you before we charge it, and that agreement controls if it conflicts with these Terms. Third-party costs of a financing, such as appraisals, reports, legal fees, and lender fees, are separate and are not charged by CapMatch unless agreed in writing.

You agree not to:

• Upload content you don't have the right to share, or that is false, fraudulent, or unlawful.
• Access projects, documents, or accounts you are not authorized to access.
• Contact or solicit parties you met through the Service in order to avoid the Service or an agreed fee.
• Copy, scrape, or reverse engineer the Service, or use it to build a competing product.
• Interfere with the Service's security or operation, or introduce malicious code.

The Service, including its software, design, data compilations, and content we provide, belongs to CapMatch and its licensors. We give you a limited, non-exclusive, non-transferable right to use it under these Terms. If you send us feedback, we may use it without obligation to you.

The Service relies on third-party services and data sources, such as public records and market data. We do not control them and are not responsible for their accuracy or availability.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, CapMatch disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

To the fullest extent permitted by law, CapMatch will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost financing opportunities, or lost data. CapMatch's total liability for any claim relating to the Service is limited to the greater of the fees you paid CapMatch in the 12 months before the claim or $100.

You will defend and indemnify CapMatch against third-party claims arising from Your Content or your breach of these Terms.

You may stop using the Service and close your account at any time. We may suspend or end your access if you breach these Terms or if needed to protect the Service or others. Sections that by their nature should survive termination, including 3, 4, and 7 through 13, will survive.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in New Castle County, Delaware, and both parties consent to that jurisdiction.

We may update these Terms. If a change is material, we will notify account holders by email or in the Service before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

legal@capmatch.com
CapMatch, Inc.
108 W. 13th Street, Suite 100
Wilmington, DE 19801