Terms of Service

1. Company Information

Stepup Capital LLC is a private hard money lender organized and operating under the laws of the State of Texas. We are not a bank, credit union, mortgage broker, consumer lender, or financial institution regulated by federal banking laws. All lending activity is conducted exclusively for business and commercial investment purposes.

• Legal Name: Stepup Capital LLC
• State of Formation: Texas
• Principal Office: 3926 May Ridge Ln, Sugar Land, TX 77479
• Contact: service@stepup-capital.com · (713) 376-1437

2. Acceptance of Terms

By accessing this website at stepup-capital.com (the "Site"), submitting a loan application, using the AI Deal Analyzer tool, contacting us through any form, or otherwise engaging with our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms of Service in their entirety.
• You are at least 18 years of age and legally capable of entering into a binding contract.
• You are accessing this Site for commercial, investment, or business purposes only — not for personal, family, or household purposes.
• You have the legal authority to act on behalf of any entity you represent.
• You agree to be bound by any additional terms, conditions, or agreements presented at the time of a loan transaction.

We reserve the right to refuse service, terminate access, or cancel any application at our sole discretion, at any time, without notice.

3. No Commitment to Lend

Loan approval is subject to, without limitation:

• A complete underwriting review and credit analysis
• Satisfactory title examination and title insurance
• An acceptable appraisal or broker price opinion (BPO)
• Verification of borrower identity, experience, and financial condition
• Satisfactory property inspection and condition review
• Verification of all information submitted in the loan application
• Compliance with Stepup Capital's internal lending guidelines and policies
• Availability of capital at time of funding
• Execution of all required loan documents

Any term sheet, loan proposal, or preliminary approval issued by Stepup Capital is valid for the time period expressly stated therein. Stepup Capital reserves the right to withdraw, modify, or decline any loan at any time prior to closing and funding, in its sole and absolute discretion, for any reason or no reason at all.

4. Business Purpose Loans Only

Stepup Capital makes loans exclusively for business and commercial investment purposes. We do not make consumer loans. By submitting an application or accepting any loan from Stepup Capital, you expressly represent, warrant, and certify that:

• The loan proceeds will be used solely for business or investment purposes.
• No property securing the loan will be used as your primary residence, second home, or the primary residence of any immediate family member of any borrower or guarantor, either at the time of the loan or at any future time while the loan remains outstanding.
• You understand and acknowledge that consumer protection laws — including without limitation the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Homeowners Protection Act (HPA), and the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) — do not apply to these transactions.

Any misrepresentation of the intended use of loan proceeds may constitute fraud and will result in immediate acceleration of the loan, legal action, and reporting to appropriate authorities.

5. AI Deal Analyzer — Disclaimer

The AI Deal Analyzer tool available on this Site uses artificial intelligence powered by third-party services to generate preliminary property and deal analyses. By using this tool, you expressly acknowledge and agree that:

• All outputs, estimates, valuations, ARV projections, rehab cost estimates, cash flow analyses, and loan recommendations generated by the AI Deal Analyzer are for informational and discussion purposes only and do not constitute professional real estate, financial, legal, or investment advice.
• AI-generated analyses may be inaccurate, incomplete, outdated, or based on incorrect assumptions. Stepup Capital makes no representations or warranties as to the accuracy, completeness, reliability, or fitness for any purpose of any AI-generated output.
• You should not make any investment, financial, or real estate decision based solely on AI-generated output from this Site.
• Stepup Capital is not responsible for any loss, liability, claim, or damage arising from your reliance on any AI-generated output from this Site.
• Any data, photos, or information you submit to the AI Deal Analyzer may be processed by third-party AI providers, including Anthropic. By using the tool, you consent to this data processing.

6. Accuracy of Information Submitted

You represent and warrant that all information you provide to Stepup Capital through this Site, any application, or any other communication is true, accurate, current, and complete to the best of your knowledge. You understand that:

• Submitting false, misleading, or incomplete information on a loan application may constitute loan fraud, which is a federal and/or state criminal offense punishable by fines and imprisonment.
• Stepup Capital relies on the accuracy of information you provide and will conduct independent verification. Any discrepancy found during underwriting may result in immediate denial or cancellation of the loan.
• You are responsible for updating any information that changes between the date of your application and the date of closing.

7. Fees and Costs

By submitting an application and proceeding toward a loan closing with Stepup Capital, you agree that:

• You are responsible for all origination fees, underwriting fees, doc prep fees, processing fees, and any other fees disclosed in any term sheet, loan proposal, or closing documents.
• You are responsible for reimbursing Stepup Capital for all third-party costs incurred in connection with your loan, including but not limited to appraisal fees, title fees, recording fees, inspection fees, credit report fees, legal fees, and environmental review fees, regardless of whether the loan closes.
• No fees paid to Stepup Capital are refundable unless expressly stated in writing by an authorized officer of Stepup Capital.
• Failure to close after a commitment has been issued may result in forfeiture of any deposit and liability for costs incurred by Stepup Capital.

8. Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the overall design and layout — is the exclusive property of Stepup Capital LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

• You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, or create derivative works from any content on this Site without our express prior written consent.
• The Stepup Capital name, logo, and all related product and service names, design marks, and slogans are trademarks of Stepup Capital LLC. You may not use any of these marks without our express prior written permission.
• Any unauthorized use of content from this Site may violate copyright, trademark, and other applicable laws and could result in civil and/or criminal penalties.

9. Prohibited Uses

You agree that you will not use this Site or any Stepup Capital service to:

• Submit false, fraudulent, or misleading information of any kind.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in any activity that violates any applicable federal, state, or local law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, Stepup Capital's systems, or any data of other users.
• Upload or transmit any virus, malware, or other harmful code.
• Use any automated means, robots, scrapers, or data mining tools to collect information from this Site.
• Interfere with or disrupt the integrity or performance of the Site or its servers.
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site.
• Use information obtained from this Site to compete with or harm Stepup Capital's business.

Violation of any of the above may result in immediate termination of your access, reporting to law enforcement, and civil legal action.

10. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Stepup Capital expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that this Site will be available, uninterrupted, error-free, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content, information, or tool on this Site, including AI-generated analyses.
• Any warranty that loan terms described on this Site will be available to any particular borrower or property.

11. Limitation of Liability

In no event shall Stepup Capital's total cumulative liability to you for any and all claims arising out of or relating to these Terms or your use of this Site exceed the greater of (a) the total fees actually paid by you to Stepup Capital in the twelve (12) months preceding the claim, or (b) One Hundred Dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Stepup Capital LLC and its members, managers, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way related to:

• Your use of or access to this Site or any Stepup Capital service.
• Your violation of these Terms of Service.
• Your submission of false, fraudulent, or misleading information.
• Your violation of any applicable federal, state, or local law or regulation.
• Your infringement of any intellectual property or other rights of any third party.
• Any misrepresentation you make regarding the intended use of any loan proceeds.

Stepup Capital reserves the right to assume exclusive control of any matter subject to indemnification, at your expense. You agree to cooperate fully with Stepup Capital in asserting any available defense.

13. Governing Law and Dispute Resolution

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, this Site, or any Stepup Capital service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Fort Bend County, Texas. The award rendered by the arbitrator shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST STEPUP CAPITAL. All disputes must be brought in your individual capacity only.

Jury Trial Waiver

TO THE EXTENT ANY MATTER IS NOT SUBJECT TO ARBITRATION, YOU AND STEPUP CAPITAL EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING.

Venue

For any matters not subject to mandatory arbitration, the exclusive venue for any legal proceeding shall be the state and federal courts located in Fort Bend County, Texas, and you hereby irrevocably submit to the personal jurisdiction of such courts.

14. Privacy Policy

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Please review our Privacy Policy carefully before submitting any personal or financial information.

15. SMS and Electronic Communications

By providing your phone number or email address to Stepup Capital, you agree to receive communications from us electronically, including by SMS/text message and email. Standard message and data rates may apply. You may opt out of SMS communications at any time by replying STOP. Your consent to receive SMS messages is not a condition of any loan approval. For full details, please review our Mobile Terms.

16. Third-Party Links and Services

This Site may contain links to third-party websites, tools, or services that are not owned or controlled by Stepup Capital. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policy of any third-party site you visit. Your use of any third-party site is entirely at your own risk.

17. Modifications to Terms

Stepup Capital reserves the right to modify, update, or replace these Terms of Service at any time in its sole discretion. Changes are effective immediately upon posting to this Site. The "Last updated" date at the top of this page reflects when the most recent changes were made. Your continued use of this Site after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree with any modified Terms, you must immediately discontinue use of this Site.

18. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and Mobile Terms, constitute the entire agreement between you and Stepup Capital LLC with respect to your use of this Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No oral or written representation made by any employee, agent, or representative of Stepup Capital shall modify or supplement these Terms unless made in a written amendment signed by an authorized officer of Stepup Capital LLC.

20. Waiver

No failure or delay by Stepup Capital in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.