Terms of Service

FreshCap Advisors LLC (“FreshCap”, “we”, “us”, or “our”)
Effective Date: August 29, 2025 • Contact: [email protected]

1. Acceptance

By accessing our websites, booking a call, or engaging our services, you agree to these Terms and our Privacy Policy.

2. Services; No Professional Advice

We provide business consulting and educational services. We are not a lender, broker, law firm, or investment adviser. We don’t provide legal, tax, or investment advice, and we don’t guarantee outcomes (including funding decisions or credit outcomes). Seek independent professional advice as needed.

3. Accounts & Conduct

If you create an account/portal, keep credentials confidential and tell us about any unauthorized use. You may not misuse our sites/services, bypass security, or upload unlawful/infringing content.

4. Communications; Consent

  • Transactional texts: With your consent, we send appointment- and account-related texts (e.g., confirmations, reminders, support). Messages include STOP/HELP info and standard carrier disclosures.
  • Marketing texts: We send marketing texts only if you provide separate, optional, prior express written consent; you may revoke at any time by replying with a recognized opt-out keyword or by any reasonable method.
  • Email: Commercial emails include an unsubscribe link.

We may limit or suspend messaging for abuse, non-compliance, or carrier policy restrictions. Certain categories (e.g., credit-repair/debt-relief marketing) are prohibited by U.S. messaging carriers and will not be sent by SMS/MMS.

5. Fees & Refunds (If Applicable)

Fees/deliverables are set out in an order form, invoice, or SOW. Unless stated otherwise or required by law, fees are non-refundable once services begin. If subscriptions are offered later, we will present clear pricing and renewal terms before enrollment and provide an online method to cancel recurring charges.

6. Third-Party Services

We may link to or integrate third-party services (e.g., scheduling, video, payments, communications). Those providers are responsible for their own terms and privacy practices.

7. Confidentiality

Each party will protect the other party’s non-public information and use it only to provide or receive the services, except where disclosure is required by law or permitted by the disclosing party.

8. Intellectual Property

We retain rights in our sites, materials, and marks. Client-specific deliverables are licensed or assigned as stated in the applicable order or SOW.

9. Disclaimers

Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, we won’t be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim related to the services won’t exceed the fees you paid to us for the service at issue in the 12 months before the event.

11. Indemnification

You agree to defend, indemnify, and hold harmless FreshCap and its officers, employees, and agents from claims arising out of your misuse of the services or violation of these Terms.

12. Governing Law; Dispute Resolution; Arbitration

These Terms are governed by the laws of the State of Wyoming (conflicts-of-law rules excluded). Before filing a claim, you agree to attempt to resolve any dispute informally by contacting us. If we can’t resolve a dispute within 30 days, either party may submit it to binding arbitration with the American Arbitration Association (AAA) under its Commercial Rules, to be conducted in Sheridan County, Wyoming, or by video at the arbitrator’s discretion. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). CLASS ACTIONS AND JURY TRIALS ARE WAIVED. Either party may seek injunctive relief to protect intellectual property or confidential information, without waiving arbitration for other claims.

13. Changes

We may update these Terms from time to time. We’ll post the updated effective date and, when required, provide additional notice.