Terms & Conditions

Welcome to Levered Up. These Terms of Service (the “Agreement”) govern your use of all products, services, and deliverables (“Services”) provided by Levered Up LLC (“Levered Up,” “we,” “our,” or “us”) a Florida limited liability company with its principal place of business at 710 NE 1st Ave Miami, FL 33132. By using our Services, signing a contract, invoice, or any order form that references these Terms, you agree to be bound by the following terms. These terms are binding whether agreed to by clicking “I Accept,” signing a service order, paying an invoice, or using any Levered Up services. Additional terms may be defined in a specific Service Agreement, Order Form, Statement of Work, or Invoice. These collectively form part of your full Agreement with Levered Up. The terms outlined herein apply to all services unless superseded by a more specific document.

Definitions
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Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings set forth in Appendix A – Definitions, included at the end of this document.

1. Scope of Services & Professional Capacity
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Levered Up provides funding-related consulting services, which may include credit profiling & optimization, strategic planning, funding sequence design, lender introductions, and application support. While we act as an intermediary between clients and financial institutions, we are not a direct lender and do not make lending decisions. We do not offer legal, tax, or investment advice, and our services should not be interpreted as such. Clients are solely responsible for evaluating funding offers, structuring their businesses, and complying with all applicable legal or financial regulations. We recommend consulting with licensed attorneys, accountants, or financial advisors for guidance on decisions that fall outside the scope of credit-based funding strategy. Specific services and deliverables vary by product tier and are defined in the invoice or order form associated with your purchase. These documents are hereby incorporated by reference.

2. Fees and Payment Terms
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Unless stated otherwise in your invoice, order form, or written agreement, the following terms shall apply:
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Upfront Fees
An Upfront Fee may be required to initiate services. The Upfront Fee must be paid within forty-eight (48) hours of receiving your invoice or order form. If payment is not received within this period, Service Provider reserves the right to assess a late administrative processing fee of one hundred dollars ($100) to offset administrative burden and resource allocation.

If Service Provider is unable to render services after fully exhausting all reasonable efforts to improve Client’s credit profile and make the file fundable—and such efforts are unsuccessful through no fault or non-cooperation of Client—Client may be eligible for a refund of the Upfront Fee, less any non-recoverable hard costs incurred by Service Provider. These may include third-party credit repair, inquiry removal, or other expenses paid on Client’s behalf. Refund eligibility is contingent on Client’s full cooperation and timely participation in the process. If any service is rendered or capital secured in any amount, the Upfront Fee is deemed fully earned.

Deposit Payments
In certain cases, clients may be eligible to submit a fully refundable Deposit instead of an Upfront Fee to initiate services.

If your initial payment is a Deposit and not an Upfront Fee, this will be explicitly labeled as "deposit" in your invoice or order form.

Deposits are: 
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1. Fully refundable if no funding is secured and the client fully cooperates with all instructions, documentation, and application requirements.
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2. Credited toward the final backend invoice if funding is secured.
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If your invoice does not label your payment as a deposit, it shall be treated as an Upfront Fee and governed by the policies above.

Backend Fees
A Backend Fee may apply based on the services rendered and pricing structure selected. If applicable, this fee will be calculated as a percentage of the total capital secured, or as a fixed amount, and will be specified in your invoice or agreement.

If a Backend Fee is owed, it is due within forty-eight (48) hours of either:

1. Approval or issuance of a credit line, credit card, or loan (regardless of when funds are received), or

2. Delivery of an invoice reflecting cumulative funding progress, at Levered Up’s discretion.
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Failure to remit payment within this timeframe may result in additional charges, service suspension, or referral to collections.

2.2 Invoices as Controlling Documents
All fees, service types, and pricing structures shall be governed by the invoice or order form issues to the client. If there is any conflict between these Terms and the invoice, the invoice shall control.

2.3 Funding Guarantee Dislaimer
Any funding guarantee offered by Levered Up is conditional and shall be explicitly stated in your invoice or agreement. If no guarantee amount is listed, no funding guarantee shall be implied or assumed. All funding guarantees are subject to client compliance, full cooperation, and completion of the funding sequence as instructed. Levered Up reserves the right to revoke the guarantee if any material terms are violated or if client credit circumstances materially change after onboarding.

2.4 Taxes
All fees are exclusive of applicable taxes. You agree to pay any sales, use, or similar taxes imposed in connection with your use of the services, excluding taxes based on Levered Up’s income.

2.5 Credit Car Surcharge Disclosure  
A processing fee of 4% will be applied to all payments made via credit card. This fee reflects actual costs incurred by Levered Up to process card transactions. Clients may avoid this fee by paying via ACH or Wire Trasnfer.

2.5 Stored Card Authorization
If Client elects to pay in multiple installments as outlined in the Agreement, Client hereby authorizes Levered Up to securely store their payment method and automatically charge the card on file for each installment on the scheduled payment dates listed in the Agreement. No further approval or notice is required for each charge.

2.6 Invoice
DisputesYou must notify Levered Up in writing within three (3) days of receiving an invoice to dispute any charges. After that period, invoices are deemed accepted. You remain responsible for undisputed amounts and must pay them in accordance with the stated payment terms.

2.7 Late Payments
A late fee of $100 will be assessed for overdue payments. Interest will also accrue at 1.5% per month (or the maximum permitted by law). You are responsible for any collection costs, including reasonable attorney fees.
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3. Client Responsibilities
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You agree to:

- Provide timely and accurate information related to your credit and financial status.

- Notify Levered Up within 24 hours of receiving funding or approval notices.

- Avoid submitting credit applications without Levered Up’s written consent within 60 days of signing.

- Cooperate promptly when documents, decisions, or input are required for the funding process.

Violations may result in penalties or service suspension.
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4. Confidentiality
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Each party agrees to protect Confidential Information shared during the engagement. Obligations last for 3 years from the date of disclosure. Confidential Information does not include information publicly available, independently developed, or required by law to be disclosed. Upon termination, confidential materials must be returned or destroyed unless otherwise permitted.

5. Intellectual Property
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Levered Up owns all rights to materials, deliverables, and methodologies provided under this Agreement. You retain ownership of intellectual property you submit to Levered Up. Levered Up grants you a limited license to use deliverables for internal business use only during the term of service.

6. Warranties and Disclaimers
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Except for the express warranties in this Agreement, all services are provided “as is” and “as available.” Levered Up disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement. You agree not to rely on outcomes unless explicitly guaranteed.

7. Indemnification
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7.1 Client IndemnityYou agree to indemnify Levered Up and its representatives from any claims, losses, or liabilities arising from your breach of this Agreement, your negligence, or use of content or intellectual property that infringes on third-party rights.

7.2 Levered Up IndemnityLevered Up agrees to indemnify you against third-party claims that Services or Deliverables provided by Levered Up infringe on intellectual property, subject to stated limitations.

8. Limitation of Liability

Levered Up shall not be liable for any indirect, incidental, or consequential damages. Total liability shall not exceed the total amount paid by you in the 12 months preceding the claim, or $500,000—whichever is less. These limitations do not apply to indemnification or breach of confidentiality.

9. Relationship of Parties
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Levered Up is an independent contractor. Nothing in this Agreement creates a joint venture, partnership, agency, or employment relationship.

10. Term and Termination
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This Agreement is effective upon your engagement and continues until services are complete or terminated. Either party may terminate for material breach with written notice. Levered Up may terminate if payments are overdue beyond the permitted grace period. Upon termination, outstanding balances are due immediately.

11. Amendments, Waivers and Notices
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Amendments must be in writing and signed by both parties. Notices must be delivered in writing by mail, courier, or email. Waivers apply only to the instance and do not constitute a general waiver.

12. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Florida. Any disputes shall be resolved exclusively in the courts located in the Southern District of Florida. Each party waives the right to a jury trial.

14. Entire Agreement

These Terms, along with your specific Service Agreement, Invoice, or Order Form, constitute the entire agreement between you and Levered Up. Any prior agreements or representations are superseded.

Appendix A – Definitions
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“Action” – Any legal proceeding, arbitration, investigation, or lawsuit.
‍“Affiliate” – Any entity controlling, controlled by, or under common control with another.
‍“Business Day” – Any day other than Saturday, Sunday, or U.S. federal holidays.
‍“Client Materials” – Any proprietary information, documents, or data you provide.
‍“Confidential Information” – Non-public business, technical, or financial information.
‍“Deliverables” – Any materials created or provided during service delivery.
‍“Funding Campaign” – Levered Up’s efforts to obtain financing for the client.
‍“Indemnified Party / Indemnifying Party” – Parties protected from or responsible for indemnification.
‍“Intellectual Property” – Patents, copyrights, trademarks, trade secrets, and other proprietary rights.
‍“Losses” – Any damages, liabilities, costs, or expenses including legal fees.
‍“Person” – Any individual, corporation, or entity.
‍“Representatives” – Affiliates, employees, contractors, agents, or advisors of a party.
‍“Services” – All credit optimization and funding-related services provided by Levered Up.
‍“Trademarks” – All brand names, logos, and domain names used to identify Levered Up or the client.

If you have questions or need further clarification, please contact us at info@leveredup.com

Date Last Revised
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03/30/2025 © Levered Up. All rights reserved.