Terms of Service

Last updated April 27, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Emes Capital, Inc. ("Company," "we," "us," or "our") website, application, and lending platform (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not accept all of these Terms, you may not use the Platform.

2. Eligibility

To use the Platform, you represent and warrant that:

  • You are at least 21 years old and have the legal capacity to enter into a binding agreement
  • You are a United States resident or entity authorized to conduct business in the United States
  • You are not a person or entity subject to sanctions, embargoes, or other restrictions
  • For accredited investor opportunities, you meet the net worth and income requirements under SEC Regulation D
  • You have not been convicted of fraud or other financial crimes

Borrowers must be established businesses or individuals with legitimate funding needs. Investors must be accredited investors as defined by the Securities and Exchange Commission.

3. Platform Description

Emes Capital operates a private credit marketplace that facilitates lending opportunities between borrowers and lenders. The Platform allows:

  • Healthcare operators and real estate borrowers to apply for loans
  • Accredited investors to review investment opportunities and participate in private credit investments
  • Lenders to syndicate loans to institutional and qualified individual investors
  • Portfolio tracking and servicing for existing loan participants

Emes Capital operates as a lending platform facilitator and loan servicer. We are not a bank and do not accept deposits. Loans are issued by Emes Capital or our partner lenders, not the Platform itself.

4. Account and User Responsibilities

You are responsible for:

  • Creating and maintaining accurate account information
  • Maintaining the confidentiality of your login credentials and authentication methods
  • All activities conducted under your account
  • Notifying us immediately of unauthorized access or suspected fraud
  • Complying with all applicable laws and regulations in your jurisdiction

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious or fraudulent activity.

5. Application Process and Underwriting

For loan applications, borrowers must provide complete, accurate financial documentation. We conduct underwriting review, credit analysis, and due diligence. Application approval is not guaranteed. Terms offered (rate, amount, maturity) are subject to our underwriting standards and availability of capital.

By submitting an application, you authorize us to pull credit reports, conduct background checks, verify employment, and obtain financial information from third parties as permitted by law.

6. Investment Disclaimers

6.1 Not FDIC Insured

Loans and investments made through the Platform are not bank deposits and are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other government agency. Loss of principal is possible.

6.2 Risk of Loss

All loans carry risk. Borrowers may default or become unable to repay. Collateral may depreciate or become difficult to liquidate. Past performance does not guarantee future results. Investors may lose some or all of their principal investment.

6.3 No Investment Advice

Information provided on the Platform is for informational purposes only and does not constitute financial, legal, or investment advice. We are not registered investment advisors or broker-dealers. Consult with qualified financial and legal advisors before making investment decisions.

6.4 Accredited Investor Representations

By investing through the Platform, you represent that you are an accredited investor under SEC Rule 501(a) of Regulation D. You acknowledge that investments are restricted to accredited investors only, and that you have independently verified your accredited investor status.

7. Loan Terms and Conditions

Loan agreements executed through the Platform are governed by separate loan documents. Terms may include:

  • Interest rates and origination fees
  • Repayment schedule and prepayment terms
  • Covenants and financial reporting requirements
  • Collateral requirements and lien position
  • Default provisions and remedies

All loan documents are reviewed by the borrower's legal counsel. Emes Capital provides loan servicing including payment processing, covenant monitoring, and collections.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMES CAPITAL SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION
  • DAMAGES ARISING FROM BORROWER DEFAULT OR INVESTMENT LOSS
  • THIRD-PARTY CLAIMS, UNAUTHORIZED ACCESS, OR SECURITY BREACHES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR PLATFORM USE IN THE PAST 12 MONTHS.

9. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be:

  1. First submitted to informal resolution through negotiation
  2. If unresolved, submitted to binding arbitration in New York, New York
  3. Governed by the rules of the American Arbitration Association (AAA)

By using the Platform, you waive your right to jury trial and class action suits. Each party bears its own attorney's fees and costs unless the arbitrator determines otherwise.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Arbitration shall take place in New York County, New York.

11. Intellectual Property

All content, designs, software, and trademarks on the Platform are the exclusive property of Emes Capital or our licensors. You may not reproduce, distribute, or use any content without express written permission.

Personal use of the Platform does not grant you ownership rights to any materials.

12. Prohibited Activities

You agree not to use the Platform to:

  • Engage in money laundering, fraud, or illegal activities
  • Provide false or misleading information
  • Harass, threaten, or abuse other users or employees
  • Attempt to gain unauthorized access to systems or data
  • Disrupt service availability or performance
  • Violate export controls or sanctions regulations

Violations may result in immediate suspension and legal action.

13. Changes to Terms

We may update these Terms at any time. Material changes will be communicated with notice. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact:

Emes Capital, Inc.

Email: support@emestechnologies.com

We will respond to inquiries within 30 business days.