Legal

Terms of Service

Effective November 14, 2026

These Terms of Service (the "Terms") govern your use of the Newbury Capital website, forms, applications, portal, calls, text messages, emails and related services (together, the "Services"). By using the Services you agree to these Terms. If you do not agree, do not use the Services. These Terms include an agreement to resolve disputes by individual arbitration and a waiver of class actions and jury trials (Section 16).

Who we are and what we do

"Newbury Capital", "we", "us" and "our" refer to the operator of the Services. Newbury Capital is not a lender, bank, or chartered financial institution, and does not make credit decisions. We help businesses explore commercial financing by collecting information about their needs and connecting them with one or more independent third-party funding providers, lenders, brokers, and other companies that offer commercial financing or related services ("Funding Partners").

Any financing is offered, underwritten, approved, documented and serviced solely by a Funding Partner under its own agreements, policies and disclosures. We are not a party to any financing agreement, and we do not guarantee that you will receive an offer, an approval, any particular amount, rate, term, or funding time.

Eligibility and commercial use only

The Services are intended only for owners, officers and authorized representatives of businesses operating in the United States who are at least 18 years old. You represent that you are authorized to act for the business you describe and to share its information with us.

The Services relate to commercial (business-purpose) financing only. They are not offered for personal, family or household purposes, and nothing in the Services is an offer of consumer credit.

Estimates are not offers

Any amounts, ranges, estimates, timelines or examples shown in the Services, including on calls or by automated assistants, are illustrative only. They are not offers, approvals, commitments to lend or fund, or a guarantee of any terms. Actual eligibility, amounts, pricing, terms and timing are determined only by a Funding Partner after its own review, which may include your application, bank statements, business and personal credit, and other information.

Information you provide

You agree to provide information that is true, accurate, current and complete, and to update it if it changes. You authorize us to verify the information you provide and to share it with Funding Partners and service providers as described in our Privacy Policy. Providing false or misleading information may result in denial of services and may violate law.

Credit and verification authorization

Viewing an estimate on this website does not involve a credit inquiry. If you submit an application or request financing, you authorize us and the Funding Partners who receive your request to obtain information about you and your business from third parties, including business and personal credit reports, bank account and transaction information that you choose to provide, public records, and fraud-prevention and identity-verification services. A Funding Partner may perform a credit inquiry, which may affect your credit; each Funding Partner will provide its own disclosures and authorizations.

Calls, text messages and emails

By providing a telephone number and submitting a form, or by otherwise agreeing, you give your express written consent for Newbury Capital and its Funding Partners and service providers acting on its behalf to contact you at that number about your request, including by calls and text messages that may use automated dialing technology, an artificial intelligence (AI) or prerecorded voice, and by email. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt out of texts and HELP for help. Calls may be recorded and monitored. Full terms are in Calls, Texts and Email, which is part of these Terms.

You represent that you are the subscriber or customary user of any phone number you provide. If that number changes or is reassigned, you agree to tell us promptly.

Electronic communications and signatures

You agree to receive notices, disclosures and other communications from us electronically, and that electronic communications satisfy any requirement that they be in writing. Where you sign or accept documents electronically, you agree that your electronic signature has the same effect as a handwritten signature.

Your portal and account

If you are given access to a portal or account, you are responsible for keeping your access links and credentials confidential and for all activity under them. Tell us right away if you believe your access has been compromised.

Acceptable use

You agree not to: use the Services for any unlawful or fraudulent purpose; submit information about a business you are not authorized to represent, or another person's information without authority; interfere with or disrupt the Services; attempt to gain unauthorized access; scrape, copy or harvest content or data by automated means; reverse engineer any part of the Services; or use the Services to send unsolicited messages.

Third parties

The Services may connect you with, or link to, Funding Partners and other third parties. Their products, websites, terms and privacy practices are their own, and we are not responsible for them. Any dealings you have with a third party are solely between you and that party.

Intellectual property

The Services, including their content, design, text, graphics, software and trademarks, are owned by us or our licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose. No other rights are granted.

No advice

Content in the Services is for general information only and is not financial, legal, tax or accounting advice. Consider consulting your own professional advisers before entering into any financing.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY FUNDING PARTNER WILL OFFER OR PROVIDE FINANCING.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY FINANCING, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless us and our affiliates, officers, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your use of the Services, your information, your violation of these Terms, or your violation of any law or third-party right.

Dispute resolution: individual arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

Informal resolution. Before starting any claim, you agree to contact us and try to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for claims that qualify for small claims court, any dispute, claim or controversy arising out of or relating to the Services, these Terms, or any communications from us (including calls, texts and emails, and including claims under the Telephone Consumer Protection Act or similar laws) will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitrator will decide all issues, including the scope and enforceability of this agreement to arbitrate. The Federal Arbitration Act governs this section.

Class action and jury trial waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.

Opt-out. You may opt out of this arbitration agreement within 30 days after you first use the Services by sending a written notice through our contact page that includes your name, business name, phone number and a clear statement that you opt out of arbitration.

If the class action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. Subject to Section 16, any action must be brought in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.

Changes, suspension and termination

We may change these Terms at any time by posting an updated version with a new effective date. Your continued use of the Services after a change means you accept it. We may suspend or end your access to the Services at any time, for any reason, without notice.

General

These Terms, together with the policies they reference, are the entire agreement between you and us about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them. Headings are for convenience only.

Contact

Call us at (818) 928-8273 or write to us through our contact page. Please tell us the phone number and email address you used with us so we can find your records.