Effective Date: December 6, 2024
This User Agreement & General Disclaimer (the "Disclaimer") applies to your access to and use of any Financely website, portal, dashboards, forms, payment pages, and digital tools (the "Platform") and any related advisory services (the "Services") provided by Financely ( "Financely", the "Company", "we", "us", "our"). By accessing the Platform, submitting an RFQ, booking a call, paying any fee, signing an engagement, or otherwise using the Platform or Services, you ( "User", "Client", "you", "your") acknowledge and agree to this Disclaimer.
Read this carefully: Financely is not a bank, not a direct lender, not an issuing bank, and not a broker dealer. We do not guarantee outcomes. The Platform and Services are provided on a best efforts basis and rely on third party decisions, diligence, documentation, and compliance outcomes.
Priority: This Disclaimer sits alongside our Terms of Service, Earnings & Performance Disclaimer, and any written engagement agreement. If there is a conflict, the written engagement agreement controls for that engagement, and our Terms of Service controls for Platform use.
Financely provides professional advisory and arranging support relating to trade finance, project finance, structured credit, and related transaction support. Financely is not a bank, not a direct lender, not an issuing bank, and not a deposit taking entity. Financely does not guarantee financing, approvals, issuance of instruments, or transaction closing.
Content on the Platform is provided for general information and workflow support. It is not a substitute for independent professional review. You remain responsible for your own decisions, due diligence, and transaction execution.
Nothing on the Platform constitutes an offer to sell or a solicitation to buy securities, or a public offering of any kind. Any transaction that may involve securities, if any, can only be conducted through definitive documents, appropriate eligibility gating, and compliance with applicable law.
Nothing provided by Financely is legal advice, tax advice, accounting advice, regulatory advice, or investment advice. Financely does not provide legal opinions. You must consult qualified professionals in your jurisdiction before acting.
You agree not to rely on any statement, estimate, or summary from the Platform or Services as a guarantee or as a verified fact unless it is expressly confirmed in a written engagement deliverable and supported by evidence you have independently reviewed. You are responsible for verifying counterparties, documents, claims, and transaction facts.
Practical standard:
If you cannot prove it with documents you control and diligence you can defend, you should not treat it as true.
Financely makes no warranties or guarantees regarding outcomes, including financing approvals, pricing, terms, timelines, issuance, closing, earnings, revenues, profits, savings, or any performance result. Any decision by any bank, lender, insurer, investor, broker, platform, or other counterparty is outside our control.
No statement on the Platform, in a call, in an email, or in any informal communication is a binding commitment. A binding commitment exists only if it is set out in a definitive written agreement executed by authorized signatories and, where applicable, by the relevant third party counterparty.
Counterparties and third party service providers are independent. Financely does not control their policies, diligence standards, risk decisions, or timelines. Third parties can decline, delay, or change terms at any time.
The Platform may reference or link to third party websites or content. Financely does not endorse, guarantee, or assume responsibility for third party content, availability, accuracy, security, or performance.
Financely may require identity verification, beneficial ownership disclosure, sanctions screening, source of funds checks, and related compliance steps. You agree to provide accurate information promptly. Refusal, delay, inconsistency, or misrepresentation may result in immediate suspension or termination without refund, to the maximum extent permitted by law.
Financely will not assist with sanctions evasion, money laundering, document fabrication, bribery, corruption, or any unlawful conduct. Any request for prohibited conduct is grounds for immediate termination and may be escalated to relevant parties where appropriate.
The Platform may be unavailable at times due to maintenance, outages, vendor failures, or other events. Financely is not liable for downtime, delays, or interruptions.
No system is completely secure. You acknowledge the risk of unauthorized access, interception, malware, or spoofing. You are responsible for protecting your devices, credentials, and communications. Financely is not liable for losses caused by impersonation, lookalike domains, compromised email accounts, or unauthorized payment instruction changes where you did not verify authenticity.
You agree not to: (a) harass, threaten, or abuse Financely personnel, (b) submit false, misleading, or fabricated documents or claims, (c) scrape, probe, or attempt to access non public areas of the Platform, (d) misuse our name or materials to market guaranteed outcomes, (e) attempt to bypass compliance, or (f) interfere with Platform operations.
If you engage in misuse, Financely may suspend access, terminate services, and charge an administrative handling fee of $750 USD per incident to cover investigation, security, and remediation time, plus any third party costs. This is separate from any other amounts due under an engagement or the Terms of Service and does not limit other remedies.
If you publish or communicate false statements of fact about Financely, threaten reputational harm to force refunds, or attempt coercion, Financely may seek injunctive relief and pursue recovery of damages and reasonable legal fees, to the maximum extent permitted by law.
Financely retains all rights in its methodologies, templates, workflows, frameworks, memos, checklists, and other work product unless expressly transferred in writing.
You may not copy, distribute, publish, resell, or use our content or deliverables to provide competing services without written consent. Unauthorized use may result in immediate suspension, termination, and enforcement.
You assume all risks arising from your use of the Platform and Services, including risks of financial loss, counterparty failure, documentary failure, settlement disruption, compliance outcomes, market movements, operational failures, and legal disputes.
To the maximum extent permitted by law, you release Financely from claims arising from (a) third party decisions, (b) your transaction outcomes, (c) your reliance on general information, (d) delays caused by your documentation, responsiveness, or counterparties, and (e) impersonation or spoofing events where you failed to verify authenticity.
To the maximum extent permitted by law, you agree that any dispute must be brought on an individual basis and not as a class, collective, or representative action.
To the maximum extent permitted by law, Financely is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, reputational harm, or lost opportunity.
To the maximum extent permitted by law, Financely’s total aggregate liability for any claim related to the Platform or Services will not exceed the fees actually paid by you to Financely for the specific service giving rise to the claim.
You agree to indemnify and hold harmless Financely and its directors, officers, employees, contractors, and affiliates from claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from your breach, your misuse of the Platform, your misrepresentation, your unlawful conduct, or your transaction and related communications.
Dispute resolution, governing law, and arbitration are governed by our Terms of Service and any written engagement agreement. Where those documents apply, they control. Where they do not apply, any dispute relating to Platform use will be governed by St. Kitts and Nevis law and resolved through binding arbitration in St. Kitts and Nevis, conducted in English, to the maximum extent permitted by law.
Financely may seek injunctive relief in any jurisdiction to protect confidentiality, intellectual property, payment rights, and to stop misuse, impersonation, or false statements of fact.
Financely may update this Disclaimer by posting an updated version on the Platform. Continued use of the Platform after posting constitutes acceptance of the updated Disclaimer.
Disclaimer: This page is for general information only and does not constitute legal, tax, accounting, investment, or regulatory advice. Financely is not a bank and does not provide loans directly. Financely provides best efforts advisory and arranging services. No financing, approvals, pricing, timelines, earnings, revenue, profit, returns, or outcomes are guaranteed. Any transaction is subject to diligence, counterparty approvals, definitive documentation, and compliance screening. If any part of this Disclaimer is unenforceable, the remainder will remain in effect to the maximum extent permitted by law.
Financely advises growth-focused businesses on accessing capital by introducing their opportunities to professional investors. Financely is not a securities broker or dealer. Where appropriate, engagements are coordinated with regulated broker-dealers, investment banks, legal counsel, and other specialists.
Financely does not solicit, offer, or accept orders to buy or sell securities and makes no assurance regarding capital-raising outcomes.
Services are strictly business-to-business. Financely does not provide personal finance, consumer credit, or retail advisory services.
Advisory services are reserved for post-revenue companies that recognize the time and resources required for professional underwriting.
All mandates start with an RFQ. We review submissions, issue a brief Go/No-Go memo, and where bankable, release a Term Sheet that leads to funding. We arrange capital across Senior Secured, Unitranche, Second Lien/Mezzanine, Preferred Equity, and Gap Solutions. We do not process deals by email or chat.
Letters of Credit, Standby LCs, Confirmations, Receivables Finance, and Inventory Lines with control.
Funding arranged for trade flows with instruments sized to your cycle and aligned to delivery and settlement.
Move forward to secure working capital and keep goods moving. Submit the RFQ to start underwriting for funding.
Limited or non-recourse structures for energy and infrastructure with lender-ready materials.
Funding solutions aligned to project cash flows with credible covenants and conditions to reach notice to proceed.
Advance the file to termable status. Submit the RFQ so we can underwrite and secure funding.
Debt and Preferred solutions anchored on cash flow, Quality of Earnings, and clear closing mechanics.
Funding across senior, unitranche, and preferred to match stable cash flows and acquisition timelines.
Get financed on workable terms for closing. Submit the RFQ to start underwriting.
Acquisition, development, bridge, and refinance with lender-ready packs and third-party reports managed.
Funding calibrated to DSCR, leverage, and tenancy with terms designed to close.
Move to a financeable package. Submit the RFQ to initiate underwriting for funding.
KYC and Source of Funds required. Engagements are best-efforts and subject to underwriting. Preference for operating companies with meaningful revenue. See our FAQ and Procedure.
Financely Inc. (“Financely”) provides corporate-finance advice and is wholly owned by Aurora Bay Trust, a trust formed under Bahamian law, together with its authorized affiliates. Depending on deal structure, jurisdiction, and local rules, engagements may be carried out through Financely Group LLC, a non-deposit-taking, non-banking financial company; Ashford Capital Advisory LLC; or another related entity.
Financely and its affiliates are not registered as securities broker-dealers and do not execute securities transactions or hold client funds or securities. When a mandate involves the purchase or sale of securities and a registered intermediary is required, any orders are introduced to and executed by one or more independent U.S. broker-dealers registered with the SEC and FINRA. Those broker-dealers are solely responsible for trade execution, custody, and related regulatory obligations. Nothing in this material constitutes an offer, solicitation, or recommendation to buy or sell any security or to engage in any specific transaction. Before engaging Financely Group LLC, Ashford Capital Advisory LLC, or any affiliate, you are responsible for confirming that such engagement complies with your own legal, regulatory, tax, and other requirements. In the United States, certain advisory activities may be conducted in reliance on exemptions available under the Investment Advisers Act of 1940, including the “foreign private adviser” exemption where applicable. Our services and regulatory status may vary by jurisdiction and by transaction type.
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