Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "Applicant") and Swift Green Capital ("Company," "we," "us," or "our"), a business capital provider with a principal place of business at 1441 Broadway, New York, NY 10018.

By (a) accessing or using our website located at swiftgreencapital.com (the "Site"), (b) submitting an application for financing, (c) providing your contact information to us, (d) communicating with us by any means, including telephone, email, or text message, or (e) accepting any funding from us, you expressly agree to these Terms in their entirety.

These Terms apply to all visitors, users, applicants, and customers of the Site. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site or services following any changes constitutes your acceptance of the revised Terms.

Swift Green Capital provides small business financing solutions to eligible business owners across the United States. Our current product offerings include, but are not limited to:

• Term Loans: Fixed lump-sum loans repaid over a set schedule with fixed or variable payments.
• Lines of Credit: Revolving credit facilities that allow businesses to draw funds up to an approved limit as needed.
• Merchant Cash Advances (MCA): A purchase of a fixed portion of future receivables or revenue, repaid via daily or weekly remittances as a percentage of sales.

Funding amounts range from $10,000 to $25,000,000. Approval, terms, rates, and repayment schedules are determined at the sole discretion of Swift Green Capital based on business performance, revenue history, creditworthiness, and other underwriting criteria. Nothing on this website constitutes a guarantee, promise, or commitment to extend credit or financing.

We reserve the right to modify, suspend, or discontinue any product or service at any time without notice. We are not a bank, credit union, or federally regulated financial institution.

To be eligible to apply for financing through Swift Green Capital, you must:

• Be at least 18 years of age;
• Be a legal resident of or incorporated entity within the United States;
• Operate a legitimate, lawfully operating business;
• Have authority to legally bind the business entity you represent;
• Provide accurate, truthful, and complete information in connection with any application;
• Not be engaged in any activity that is illegal under applicable federal, state, or local law;
• Not be currently in bankruptcy proceedings or have had a business bankruptcy discharged within the last 12 months (unless otherwise evaluated at our discretion).

We reserve the right to reject any application at our sole discretion and without obligation to provide a reason. Submission of an application does not guarantee approval or funding.

When you submit an application for financing, you represent and warrant that:

• All information you provide is accurate, complete, current, and not misleading;
• You are the authorized owner or officer of the business and have legal authority to enter into a financing agreement;
• You authorize Swift Green Capital and its assignees, affiliates, funding partners, and agents to obtain consumer and business credit reports, bank statements, merchant processing data, and any other information deemed necessary for underwriting purposes;
• You understand that we may conduct a soft credit inquiry that will not affect your credit score for initial pre-qualification, and a hard pull may be conducted prior to final funding approval;
• You authorize us to share your information with funding partners and third-party lenders in our network for the purpose of obtaining financing offers on your behalf.

Providing false or misleading information in connection with an application constitutes fraud and may subject you to civil and criminal liability under applicable laws, including but not limited to 18 U.S.C. § 1344 (bank fraud) and applicable state statutes.

Swift Green Capital operates a text messaging (SMS/MMS) program through which we may communicate with you regarding your application, funding offers, account status, repayment reminders, and promotional information (the "SMS Program").

Opt-In: By providing your mobile phone number on our website, application form, or any other communication channel and checking the SMS consent checkbox, you expressly and voluntarily consent to receive text messages from Swift Green Capital at the mobile number provided. You confirm that you are the subscriber or authorized user of that mobile number.

Message Frequency: Message frequency varies based on your application status, account activity, and promotional periods. You may receive multiple messages per week during active application or account review phases.

Message & Data Rates: Standard message and data rates may apply depending on your wireless carrier plan. Swift Green Capital is not responsible for any charges incurred by your wireless provider in connection with text messages.

Opt-Out: You may opt out of receiving text messages at any time by replying STOP to any text message received from us. Upon receipt of your STOP request, we will send one final confirmation message and you will be unsubscribed. Opting out of text messages does not affect any other communications or your application status.

Help: For assistance with the SMS Program, reply HELP to any text message or contact us at admin@swiftgreencapital.com or 646-207-3861.

Supported Carriers: Our SMS Program is available on most major U.S. wireless carriers. However, not all carriers may be supported, and service availability may vary by carrier and device.

No Sharing of Opt-In Data: Mobile opt-in data and consent information will not be sold, shared, or transferred to any third party for marketing or promotional purposes. Opt-in data is used solely by Swift Green Capital and its authorized service providers for the purposes described in these Terms.

By providing your telephone number and expressly consenting, you agree that Swift Green Capital and its representatives, agents, successors, assigns, and authorized third-party service providers may contact you at the phone number(s) you have provided using:

• Automatic telephone dialing systems (autodialers);
• Artificial or prerecorded voice messages;
• Manual telephone calls;
• Text messages (SMS/MMS), including messages sent using automated technology.

This consent is given pursuant to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations. You understand and acknowledge that:

• Consent to receive autodialed and/or prerecorded calls and texts is not a condition of applying for or receiving financing from us;
• You may revoke this consent at any time by contacting us in writing at 1441 Broadway, New York, NY 10018, by emailing admin@swiftgreencapital.com, by calling 646-207-3861, or by replying STOP to any text message;
• Revocation of consent does not affect the validity of any prior contacts made in reliance on your consent;
• We may call or text you even if your number is listed on a state or federal Do Not Call Registry if you have provided express written consent pursuant to the TCPA.

By using our Site and services, you consent to receive electronic communications from Swift Green Capital, including notices, disclosures, agreements, account information, transaction records, and marketing communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

To access and retain electronic communications, you will need: (a) a device with internet access, (b) a current web browser that supports TLS 1.2 or higher, (c) a valid email address, and (d) sufficient storage to retain copies of communications. You may withdraw your consent to electronic communications by contacting us, but doing so may affect your ability to use our services.

All fees, factor rates, interest rates, repayment terms, origination fees, and other costs associated with any financing product will be disclosed to you in a separate written agreement (the "Financing Agreement") prior to the disbursement of funds. Such terms are determined through our underwriting process and are subject to change based on market conditions and your business profile.

You are responsible for reviewing and understanding all terms in the Financing Agreement before signing. By signing a Financing Agreement, you agree to repay the full funded amount plus any applicable fees, costs, and charges in accordance with the agreed repayment schedule.

For Merchant Cash Advances: You acknowledge that an MCA is a purchase-of-future-receivables transaction and is not a loan. The purchased amount, specified percentage of receivables, and remittance terms will be set forth in the MCA Agreement. MCA transactions are not subject to state usury laws in most jurisdictions.

Late or missed remittances may result in additional fees, acceleration of the outstanding balance, referral to a collections agency, or legal action, as further described in your Financing Agreement.

All content on this Site, including but not limited to text, graphics, logos, images, button icons, audio clips, digital downloads, data compilations, and software, is the property of Swift Green Capital or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission of Swift Green Capital. The Swift Green Capital name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swift Green Capital. You must not use such marks without prior written permission.

You agree that you will not use the Site or our services to:

• Submit false, fraudulent, or misleading information;
• Violate any applicable federal, state, or local law or regulation;
• Infringe upon the intellectual property rights of Swift Green Capital or any third party;
• Transmit any unsolicited commercial communications (spam);
• Attempt to gain unauthorized access to any portion of the Site or its related systems;
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site;
• Use any automated system, including robots or scrapers, to access or extract data from the Site;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Engage in money laundering, financing of terrorism, or any other activity prohibited under the Bank Secrecy Act, USA PATRIOT Act, or OFAC regulations.

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SWIFT GREEN CAPITAL DOES NOT WARRANT THAT: (A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. APPROVAL FOR FINANCING IS NOT GUARANTEED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIFT GREEN CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You agree to defend, indemnify, and hold harmless Swift Green Capital, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Site or services;
• Any false, fraudulent, or misleading information you provide;
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right;
• Your violation of any applicable law or regulation.

Informal Resolution: Before initiating any formal dispute, you agree to first contact us at admin@swiftgreencapital.com and attempt to resolve the dispute informally. We will attempt to resolve any dispute within 30 days of receiving notice.

Binding Arbitration: Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site or services, shall be determined by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, except as modified herein. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

Exception for Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Swift Green Capital agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York.

The Site may contain links to third-party websites or services that are not owned or controlled by Swift Green Capital. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Swift Green Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We may engage third-party service providers to facilitate our services, process applications, or send communications on our behalf. These service providers have access to your information only to perform these tasks and are obligated not to disclose or use it for any other purpose.

Your use of the Site and our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by updating the "Effective Date / Last Updated" date at the top of this page and, where appropriate, by sending you an email or text notification. Your continued use of the Site or services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

We reserve the right to terminate or suspend your access to the Site and services, with or without notice and without liability to you, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

These Terms, together with any Financing Agreement and our Privacy Policy, constitute the entire agreement between you and Swift Green Capital with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

If you have any questions about these Terms, please contact us: