Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online request form at pistaflow.com (“PistaFlow,” “we,” “us,” or “our”). PistaFlow is a trading name of PistaFlow LLC, a Kentucky limited liability company. By accessing this site or submitting a funding request, you agree to these Terms on your own behalf and on behalf of the business you represent. If you do not agree, please do not use the site and do not submit a request.

1. What we are, and what we are not

PistaFlow is a connection provider and marketplace for revenue-based financing in the form of a merchant cash advance (“MCA”). We collect the information you choose to submit about your business and pass it to third-party funders in our network so that they can decide whether to make your business an offer.

A merchant cash advance is the purchase of a portion of a business’s future receivables in exchange for funds provided up front. It is not a loan. The amount the business remits is a fixed cost, the purchase price multiplied by a factor, and is not interest; it is never expressed as an annual percentage rate.

PistaFlow is not a funder. We do not purchase receivables, we do not make funding decisions, we do not set or influence any purchase price, factor, fee or remittance term, and we are not a party to any Revenue Purchase Agreement your business may enter into with a third-party funder. Every funding decision is made solely by the funder, under its own criteria and its own agreement with your business, and we expressly disclaim any liability arising from those third-party agreements. We are not a bank, we do not endorse or recommend any funder, and we do not guarantee that any agreement is the best available or carries the best terms.

2. Eligibility and commercial use only

The products advertised on this site are offered only to small businesses and to self-employed individuals who operate a business, and only for commercial purposes. They are not a consumer product and are not intended for personal, family or household use.

To submit a request you must be at least 18 years old, own or be authorised to act on behalf of a business located in the United States, and have a valid email address and telephone number. Funders in our network generally look for a business that has been operating for about 3 months, with average monthly revenue of about $1,500 and a business bank account. Meeting these criteria does not mean any funder will make an offer.

Commercial-use certification. By submitting a request you certify that you are acting on behalf of a validly formed business, or as a self-employed operator of a business, and not as a consumer; that you are authorised to do so; that the business is not seeking funds for personal, family or household purposes; and that any funds will be used solely for commercial or business purposes. Requests submitted for personal or consumer purposes are not eligible and will be declined.

3. A request is not an application to us

Submitting information through this site is a request to be connected with funders. It is not an application for financing with PistaFlow, it is not an agreement, and it is not an offer of funding. The amount you enter, between $100 and $5,000, is the amount you would like to request; it is not an amount that has been approved, reserved or promised, and a funder may offer less, offer different terms, or offer nothing at all.

Your business is not committed to anything until it signs a Revenue Purchase Agreement with a funder. Reading an offer, asking questions about it and declining it costs nothing.

4. No guarantee and no advance fee

The service is free to you. There is no fee to use this site, no fee to submit a request and no fee from us at any later stage. We do not guarantee that you will be matched with a funder, that any funder will respond, or that funding will be provided on any terms. We will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone contacts you claiming to be PistaFlow and asks for an up-front payment, a gift card, a wire transfer or a prepaid card, it is not us. Stop, and report it to us at help@pistaflow.com.

We may be compensated by a funder when a request we pass on results in a funded advance. That compensation may influence which funders receive your request and in what order. It is never paid by you.

5. How your information is used and shared

By submitting a request you authorise us to share the information you provide about you and your business with third-party funders and marketing partners in our network, and with service providers who help us operate the site, for the purpose of connecting your business with possible funding. Where a funder asks to review business bank account activity, it does so through its own secure connection provider; we do not store your bank login credentials. Our Privacy Policy explains what we collect and what your rights are.

Once your information reaches a funder, that funder handles it under its own privacy policy, not ours. We have no control over what a funder does with your information after it is passed on, and we are not responsible for a funder’s privacy or security practices.

6. Consent to be contacted

By submitting a request you agree that PistaFlow, the third-party funders we pass your request to, our marketing partners, and their agents may contact you at the telephone number and email address you provided, including by automatic telephone dialling system, artificial or prerecorded voice, and SMS text message, about your request and about commercial funding products.

Who sends what. PistaFlow itself contacts you by email, and by telephone where you have asked us to. PistaFlow does not run an SMS marketing programme. The text messages this consent covers come from the funders and marketing partners your request reaches, and from their agents, each on its own terms.

What the messages are for. Verification of the email address or telephone number you gave us, status updates on a request you have submitted, an alert where something needs your attention, replies to questions you send us, and information about commercial funding options that may be available to your business. Some are promotional and some are informational; your consent covers both.

How often. Message frequency varies. How many messages you receive depends on how you interact with us and on the status of your request; we do not send on a fixed schedule. Message and data rates may apply depending on your provider.

This consent is not a condition of any purchase or of any funding. You may withdraw it at any time: reply STOP to any text message you receive under this consent, use the unsubscribe link in any email, visit our unsubscribe page, or write to help@pistaflow.com. We also honour the one-click unsubscribe control offered by most mail providers. Withdrawing consent from us does not withdraw it from a funder you were connected with; contact that funder directly.

Help. Reply HELP to any text message you receive under this consent, email help@pistaflow.com or call (502) 318-0744. The full terms of the email programme are in our Email Communications Terms.

7. Soft inquiry only

Checking your options through this site is a soft inquiry and does not affect your credit score. A funder you are connected with may, with your authorisation, verify your identity, review your business and its bank account activity, or obtain a report on you as the owner. Any such review is that funder’s, is made under that funder’s own authorisation, and should be explained to you by the funder before you agree to it.

8. Pricing and remittance of purchased receipts

Advances requested through this site generally range from $100 to $5,000. The purchase price, the factor, the total amount of receipts purchased, any fees and the remittance method are set entirely by the funder in its Revenue Purchase Agreement. The cost is a fixed amount, not interest, and it is never expressed as an annual percentage rate. Any figure shown on this site, including any figure produced by the interactive example on the home page, is an illustrative example, not an offer or a quote.

If your business accepts an offer, delivery of the purchased future receipts is typically made through scheduled electronic debits from the business operating account, either as a share of daily or weekly receipts or as a fixed amount. Because this is a purchase of future receivables and not a loan, remittances may fluctuate with actual business revenue. The business authorises those transfers separately in the Revenue Purchase Agreement, which sets out the remittance method, any reconciliation rights and how to manage the authorisation. Read the total amount to be remitted before you sign.

9. Restricted jurisdictions

The commercial funding products advertised here are not available in every state, and availability and terms vary by state and by funder. They are not offered in California or New York, each of which has commercial financing disclosure laws. Requests from businesses located in those states will be declined. Elsewhere, whether a business qualifies, and with which funder, depends on the participating funders in our network at the time of the request.

PistaFlow does not purchase receivables and holds no lending licence in any state. Each funder in our network is responsible for its own licensing, registrations and disclosures, and for its compliance with the laws of the states in which it operates.

10. Your obligations

You agree that the information you submit is true, accurate and complete, that you are authorised to submit it for the business, and that you will keep it up to date. You agree not to use the site to submit false or fraudulent information, to submit a request for a business you are not authorised to act for, to scrape, probe or interfere with the site or its security, to use it in a way that breaks any law, or to reverse engineer any part of it.

11. Intellectual property

The site, its design, its text, its marks and its code belong to PistaFlow LLC or its licensors and are protected by law. You may view and print pages for your own business use. You may not copy, republish, sell or adapt any part of the site without our written permission.

12. No warranties

The site is provided “as is” and “as available” and we make no warranty of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the site will be uninterrupted or error free, that any request will reach any funder, or that any funder will respond. We do not warrant the products, terms or conduct of any funder in our network. Information on the site is general and is not financial, legal or tax advice.

Any link to a third-party website is provided for convenience only. We do not control those sites and are not responsible for their content, their products or their practices.

13. Limitation of liability

To the fullest extent permitted by law, neither PistaFlow LLC nor its members, officers, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or opportunity, arising out of or in connection with your use of the site or your dealings with any funder, whether based in contract, tort, statute or otherwise, even if we were advised of the possibility. Our total liability for any claim relating to the site will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited under applicable law, and some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

14. Indemnity

You agree to indemnify and hold PistaFlow LLC harmless from any claim, loss or expense (including reasonable legal fees) arising from information you submit that is false, from any use of funds for a non-commercial purpose, from your breach of these Terms, or from your violation of any law or of the rights of a third party.

15. Disputes and arbitration

Most concerns can be resolved quickly. Before starting any formal proceeding, please write to help@pistaflow.com and give us 30 days to try to resolve the matter with you.

If we cannot, you and we agree that any dispute arising out of or relating to these Terms or to your use of the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Jefferson County, Kentucky, or by telephone or video where the rules allow. Either of us may instead bring an individual claim in small claims court if it qualifies.

You and we each waive any right to bring or participate in a class, collective or representative action. The arbitrator may award relief only in favour of the individual party seeking relief.

You can opt out, and it costs you nothing. Write to help@pistaflow.com with the subject line “Arbitration Opt-Out” within 30 days of your first use of the site. Rejecting this section changes nothing else in these Terms. Nothing here waives any right you cannot waive under Kentucky law.

This arbitration agreement does not apply to any dispute between your business and a funder. The funder’s Revenue Purchase Agreement governs that relationship.

16. Governing law

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules. Subject to section 15, you and we consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Kentucky.

17. Electronic communications

By using the site you consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing. See our E-Sign Consent for the detail, including how to withdraw that consent and how to ask for a paper copy.

18. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

19. Contact

PistaFlow LLC
462 South Fourth Street, Suite 1600
Louisville, Kentucky 40202
help@pistaflow.com · (502) 318-0744