01 Acceptance of Terms
These Terms & Conditions (the "Terms") form a binding agreement between SBA Data Vault ("SBA Data Vault," "we," "us," or "our") and the institution or individual accessing our services (the "Client," "you," or "your"). By submitting an enquiry through our website, signing a service order, paying an invoice, or receiving leads, you accept these Terms in full.
Where you enter into a separate written service agreement, insertion order, or statement of work with us (a "Service Agreement"), that document controls to the extent it conflicts with these Terms. Otherwise, these Terms apply.
02 Definitions
Lead — A record of a prospective borrower that has been sourced through our campaigns and delivered to you, typically including contact details and the information the prospect submitted about their financing need.
Qualified Lead — A Lead that meets the screening criteria agreed between you and us in writing (for example, time in business, revenue, requested loan amount, or geography).
Exclusive Lead — A Lead delivered only to you and not sold or provided to any competing lender within the territory and terms agreed in your Service Agreement.
Services — The lead generation, campaign management, screening, and delivery services we provide to you as described in Section 3.
Screening Criteria — The written specifications that define what makes a Lead a Qualified Lead for your account.
03 Our Services
SBA Data Vault provides pay-per-lead marketing services focused on small-business borrowers seeking SBA and related financing. Depending on your Service Agreement, our Services may include:
- Building and managing paid advertising campaigns (for example, on Meta and Google) targeted to your loan programs and footprint;
- Operating intake pages that collect information from prospective borrowers;
- Screening applicants against your agreed Screening Criteria;
- Delivering Qualified Leads to your loan origination system, CRM, email, or another agreed destination; and
- Providing reporting on campaign and lead performance.
We act as an independent marketing and lead generation provider. We are not a lender, broker, financial advisor, or agent of the Client, and we make no lending or credit decisions.
04 Eligibility & Accounts
Our Services are offered to businesses only, including banks, credit unions, SBA-approved lenders, certified development companies, and non-bank funding companies. By using the Services you represent that you are authorized to enter into these Terms on behalf of your institution and that the information you provide to us is accurate and current.
You are responsible for maintaining the confidentiality of any credentials, integration keys, or dashboard access we provide, and for all activity that occurs under them.
05 Lead Delivery & Exclusivity
Where your Service Agreement designates Leads as Exclusive, we will not knowingly sell or deliver the same Lead to a competing lender within your agreed territory and program scope. Unless expressly stated as Exclusive, Leads may be non-exclusive.
Leads are delivered in real time or on the schedule set out in your Service Agreement. You are responsible for contacting Leads promptly. We do not control, and are not responsible for, whether a prospect responds, remains interested, qualifies for financing under your underwriting, or ultimately funds a loan.
06 Qualification & Replacement
We screen Leads against the Screening Criteria agreed in writing for your account before delivery. A Lead is considered valid if it meets those criteria at the time of delivery.
Replacement policy
If a delivered Lead does not meet the agreed Screening Criteria, you may request a replacement within the credit window stated in your Service Agreement (and, absent a stated window, within five (5) business days of delivery). To be eligible for replacement, a Lead reported as invalid must fall within the agreed grounds, which typically include:
- Invalid or non-working contact information;
- Duplicate of a Lead already delivered to you;
- A material mismatch with the agreed Screening Criteria; or
- A Lead that was outside the agreed territory or program scope.
Replacements are our sole obligation and your sole remedy for Leads that do not meet the Screening Criteria. A Lead is not eligible for replacement merely because the prospect declined to proceed, did not answer, or was declined under your underwriting.
07 Fees & Payment
Fees are set out in your Service Agreement, order form, or invoice. Unless otherwise agreed, fees are charged on a per-lead basis for Qualified Leads delivered. Any prepaid balances, minimums, or deposits will be described in your Service Agreement.
- Invoices are due on the terms stated on the invoice; overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law.
- Fees are exclusive of applicable taxes, which are your responsibility.
- Except for valid Lead replacements described in Section 6, fees are non-refundable.
- We may pause delivery of Leads while an account is past due.
08 Client Obligations
You agree to:
- Use Leads only for your own lawful lending and financing purposes, and not resell, redistribute, or share Leads with third parties without our written consent;
- Contact and handle Leads in compliance with all applicable laws (see Section 9);
- Provide accurate Screening Criteria and promptly notify us of changes;
- Maintain the licenses, registrations, and approvals required to offer the financing products you market; and
- Honor any representations made to prospects in connection with the financing you offer.
09 Compliance & Consent
You are solely responsible for your communications with Leads and for compliance with all laws that apply to your outreach and lending activities. These may include, without limitation, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Equal Credit Opportunity Act (ECOA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), state consumer protection and lending laws, and applicable Do-Not-Call rules.
We take reasonable steps to obtain appropriate consent from prospects to be contacted about their enquiry. However, you are responsible for confirming that your own contact practices, scripts, cadence, and record-keeping meet your regulatory obligations. Nothing we provide constitutes legal or compliance advice.
10 No Guarantee of Results
We do not guarantee any specific number of Leads, contact rates, application rates, approval rates, funded loans, revenue, or return on investment. Any statistics, case results, or projections we share are illustrative only and are not a promise of future performance.
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11 Intellectual Property
All campaigns, creative, landing pages, intake forms, software, dashboards, and other materials we create or use to deliver the Services remain our property or that of our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Leads delivered to you for your internal lending purposes only.
You may not copy, reverse engineer, or repurpose our campaign assets, intake systems, or reporting tools without our written permission.
12 Confidentiality
Each party may receive confidential information from the other, including pricing, Screening Criteria, campaign performance, and business processes. Each party agrees to protect the other's confidential information with reasonable care and to use it only to perform under these Terms, except where disclosure is required by law.
13 Data & Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. As between the parties, once a Lead is delivered to you, you act as the controller of that Lead's personal information and are responsible for handling it in accordance with applicable privacy and data protection laws, including providing any required notices and honoring individual rights requests.
Each party will maintain reasonable administrative, technical, and physical safeguards appropriate to the personal information it handles.
14 Limitation of Liability
To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost business opportunities, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms will not exceed the total fees you paid to us for the Services in the three (3) months immediately preceding the event giving rise to the claim.
15 Indemnification
You agree to indemnify, defend, and hold harmless SBA Data Vault and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of Leads or the Services; (b) your communications with prospects or borrowers; (c) your lending, credit, or underwriting decisions; or (d) your breach of these Terms or of any applicable law, including those referenced in Section 9.
16 Term & Termination
These Terms apply for as long as you use the Services or have an active Service Agreement with us. Either party may terminate a non-committed engagement on written notice as set out in the Service Agreement, or, if none is stated, on thirty (30) days' written notice.
We may suspend or terminate the Services immediately if you materially breach these Terms, fail to pay when due, or use the Services unlawfully. On termination, you remain responsible for fees accrued through the termination date. Sections that by their nature should survive termination (including Sections 7, 10–15, and 17) will survive.
17 Governing Law & Disputes
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules. The parties agree that any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Maryland, and each party consents to personal jurisdiction there.
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation.
18 Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where changes are material, take reasonable steps to notify active Clients. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
19 General Provisions
- Entire agreement. These Terms, together with any Service Agreement and our Privacy Policy, are the entire agreement between the parties on this subject.
- Severability. If any provision is found unenforceable, the remaining provisions stay in effect.
- Waiver. A failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Independent contractors. The parties are independent contractors; nothing here creates a partnership, joint venture, or agency relationship.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
20 Contact Us
Questions about these Terms can be directed to:
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