Terms & Conditions

Effective Date: November 06, 2025

Spier Capital ("we," "us," "our," or "Spier Capital") operates the website located at www.spiercapital.com (the "Site") and provides cash advance services (the "Services"). These Terms of Service ("Terms") govern your access to and use of the Site and Services. By accessing the Site, submitting an application, or using any Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

ARBITRATION NOTICE: These Terms contain a mandatory arbitration provision and class action waiver (Section 14). By agreeing, you waive the right to a jury trial and to participate in class actions.

1. Eligibility

You must be:

At least 18 years old (or the age of majority in your state).
A legal resident of a U.S. state where our Services are offered.
Capable of entering a binding contract.

We reserve the right to deny service to anyone for any lawful reason.

2. Cash Advance Services

a. Nature of Services

We offer short-term cash advances (not installment loans) repaid via ACH debit from your bank account on your next payday or as agreed. Advances are not intended for long-term financial needs.

b. Application Process

You must provide accurate, complete information.
We may verify identity, income, banking, and credit via third parties.
Approval is not guaranteed and depends on our underwriting criteria.
Funds are deposited via ACH (typically 1–2 business days).

c. Fees and Repayment

Finance Charge: A flat fee disclosed before approval (e.g., $15–$30 per $100 advanced).
APR: Equivalent APR may exceed 300% due to short term; exact APR disclosed in your agreement.
Repayment: Full amount (principal + fee) debited automatically on the due date.
Late/NSF Fees: Up to $30 for failed payments; additional fees may apply per state law.
No Rollovers: We do not offer extensions or refinances unless permitted by state law and pre-approved.

d. Electronic Signatures

By clicking "I Agree" or similar, you consent to electronic records and signatures under the E-SIGN Act. Your Cash Advance Agreement ("Agreement") will be provided electronically.

3. Your Obligations

You agree to:

Provide truthful information and update it promptly.
Maintain sufficient funds for repayment.
Notify us immediately of unauthorized account use.
Use Services only for lawful purposes.

4. Prohibited Activities

You may not:

Use the Site for illegal purposes (e.g., fraud, money laundering).
Interfere with Site functionality (e.g., DDoS, scraping).
Reverse engineer or copy our technology.
Submit false disputes or chargebacks in bad faith.

5. Intellectual Property

The Site, content, trademarks, and technology are owned by Spier Capital or licensed to us. You are granted a limited, non-transferable license to use the Site for personal, non-commercial purposes. All rights not expressly granted are reserved.

6. Third-Party Services

Bank Verification: We may use Plaid or similar to connect your bank account. Their terms apply.
Credit Reporting: We may report to credit bureaus (e.g., positive/negative repayment history).
Links: The Site may link to third-party sites. We are not responsible for their content or practices.

7. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE APPROVAL, FUNDING TIMING, OR SITE AVAILABILITY.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPIER CAPITAL, ITS OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF POSSIBILITY).
LOSSES FROM UNAUTHORIZED ACCESS, DATA BREACHES, OR THIRD-PARTY ACTIONS.
CAP ON LIABILITY: OUR TOTAL LIABILITY SHALL NOT EXCEED THE FINANCE CHARGE PAID BY YOU IN THE LAST 12 MONTHS.

Some states do not allow certain limitations; your rights may vary.

9. Indemnification

You agree to indemnify and hold Spier Capital harmless from claims arising from your breach of these Terms, misuse of Services, or violation of law.

10. Termination

We may suspend or terminate your access at any time for:

Breach of Terms.
Suspicion of fraud.
Non-payment.

Upon termination, unpaid balances become due immediately.

11. Governing Law

These Terms are governed by the laws of the State of [Insert State, e.g., Delaware], without regard to conflict of law principles. State-specific disclosures (e.g., TILA, state licensing) are provided in your Agreement.

12. Electronic Communications

You consent to receive notices, disclosures, and statements electronically via email or the Site. We may also contact you via SMS or phone (including autodialed calls) for servicing, collections, or marketing (with opt-out).

13. State-Specific Notices

California: Licensed by the DFPI under the California Financing Law (License # [Insert if applicable]). Complaints: dfpi.ca.gov.
Other States: See your Agreement for state-specific rates, terms, and licensing.

14. Dispute Resolution & Arbitration

a. Informal Resolution

b. Binding Arbitration

Any dispute not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You waive the right to:

Trial by judge or jury.
Participate in class actions, class arbitrations, or representative actions.

Arbitration shall be individual, in your county of residence or [City, State]. The arbitrator’s award is final. You may opt out within 30 days by mailing written notice to: Spier Capital, Attn: Legal, [Insert Address].

c. Exceptions

Small claims court and claims for injunctive relief in aid of arbitration are permitted.

15. Changes to Terms

We may modify these Terms. Changes will be posted with the updated effective date. Continued use after changes constitutes acceptance. Material changes will be notified via email or Site banner.

16. Contact Us

Email: support@spiercapital.com
Mail: Spier Capital, Attn: Legal Department, 415 Avenue P, Brooklyn, NY, 11223
Phone: (917) 768-8896

By using our Services, you acknowledge reading and understanding these Terms and your Cash Advance Agreement.