Terms and Conditions
Effective December 18, 2025
COPAY INC. SMS TERMS AND CONDITIONS
(US-BASED TEXT MESSAGING PROGRAMS)
IMPORTANT! PLEASE READ THESE COPAY INC. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY COPAY INC. (“COPAY” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF COPAY’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE COPAY INC. SMS TERMS AND CONDITIONS.
Program Description
Copay offers SMS messaging services to keep you informed about updates, reminders, promotional offers, and other important information. Message frequency may vary.
Opting In
By providing your mobile number and confirming your consent, you authorize Copay to send you SMS messages. Consent is not a condition of purchasing any goods or services.
Eligibility Requirements
To receive Copay text messages, you must be a resident of the United States and 18 years of age or older. Copay reserves the right to require you to prove that you are at least 18 years of age.
Message Frequency
The number of Copay text messages that you receive will vary depending on which Copay text messaging programs you sign up for and the frequency of the messages sent by those programs.
Cost
Message and data rates may apply to each text message sent or received in connection with Copay text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Copay does not impose a separate fee for sending Copay text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
Opting Out
You may opt out of receiving SMS messages at any time by replying STOP to any message. After you send the SMS message “STOP,” you will receive one final confirmation message to inform you that you have been unsubscribed. Following this, you will no longer receive SMS messages from Copay.
Help and Support
If you need assistance, reply HELP to any message or contact our customer support at sms@copay.com.
Privacy
Your privacy is important to us. Copay will not sell or share your mobile number or personal information with third parties for their own marketing purposes. For more details, please review our Privacy Policy.
Delivery Disclaimer
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Copay’s control, and Copay is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Service Availability
SMS messaging services may not be available in all areas and are subject to the availability of your mobile carrier. Copay is not responsible for delays or undelivered messages due to factors outside of our control.
Termination of Text Messaging
Copay may suspend or terminate your receipt of Copay text messages if we believe you are in breach of Copay SMS Terms and Conditions. Your receipt of Copay text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Copay reserves the right to modify or discontinue, temporarily or permanently, all or any part of Copay text messages, with or without notice.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Copay is not responsible and will not be liable for any damages of any nature, including, without limitation, any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorney’s fees.
Changes to Terms
Copay reserves the right to modify these SMS Terms and Conditions at any time. Any changes will become effective immediately upon posting to our website. Your continued use of our SMS service indicates your acceptance of any changes.
Contact Information
For questions about these SMS Terms and Conditions, you may contact us at: Email: hello@copay.com
CREDIT AND BACKGROUND CHECK AUTHORIZATION
You understand and agree that Copay Inc, (including its agents, assignees and subsidiaries, collectively “COPAY”) are authorized to contact third parties to conduct background checks and other investigative reports, including but not limited to your business credit and sales data, as described below, and make credit report inquiries (including requesting personal credit bureau reports and background checks about you and any other owner(s) of the business who will be providing a personal guarantee of performance, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. COPAY has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting factoring facility file updates, ongoing factoring facility reviews, renewal of financing, or referral of your business to third party lenders. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that COPAY is making no commitment or guarantee that any product, evaluation, or guidance provided by COPAY will result in an approval of credit from COPAY or any third-party lender.
Data Collection
You understand and agree that we and our agents and assignees are authorized to contact third party credit card processors, billing companies, insurance carriers and networks used by your company in order to obtain historical and ongoing information/metrics related to Your company, including, but not limited to, company name, address, phone number, and industry; and Your company’s sales, including, but not limited to, transaction spend, number of transactions, and repeat customers Such information and metrics will be used by COPAY for purposes of providing the COPAY Service, including, but are not limited to, sales agent call routing, underwriting, customer management, and enhancement of COPAY’s credit model.
E-SIGN CONSENT AGREEMENT
By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to the electronic notification/communications policy of Copay Inc (including its subsidiaries, collectively “COPAY”) and COPAY’s electronic consent and contract binding policy. Please read the information below carefully and thoroughly.
You Agree to Electronic Contract Binding
You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.
You Agree to Electronic Communications
You hereby agree that COPAY may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal COPAY policy. You also consent to allow COPAY to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid, and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by COPAY (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by COPAY shall be deemed valid and admissible originals.
You Understand The Disclosures About Changing Your Consent
If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided, or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.
Copay
ATT: E-Sign
hello@copay.com
Your correspondence must contain in the body of such request your e-mail address, full name, Postal address, and telephone number. After your withdrawal of consent has been received and processed by COPAY, all subsequent notifications and communications will be sent by regular mail to the last known address on file with COPAY. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the COPAY Online system.
You Acknowledge and Confirm Your Consent
If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to “E-Sign Consent Agreement” on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify COPAY as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by COPAY during the course of your relationship with COPAY.
APPLICATION AGREEMENT
Terms and Conditions
Copay services and website (each as defined below) are operated by Copay, Inc., a Delaware Corporation or a subsidiary or affiliate thereof (collectively, “COPAY”, “We”, or “Us”). COPAY is in the business of providing customers with factoring facilities, asset based lending and related services (“Service”). COPAY is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. “You” is defined as the owner of the company completing the application on behalf of the company seeking funding. Unless otherwise noted, any agreements, authorizations or consents made by You or permissions granted to You hereunder also apply and are binding on your company seeking funding from COPAY.
Accepting the Terms
By using the information, tools, features and functionality located at copay.com or subdomains (the “Website”) or by submitting an application for funding to COPAY, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Agreement”) for any and all applications for credit to COPAY. You further agree all information being provided by your company as the applicant and/or by you as the Guarantor as part of the application process for funding is true and complete.
You may not use the Service, and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for funding, on behalf of such company or entity. You understand that we will require you to sign a guarantee of performance for the funding obtained by your company from COPAY. We will take a general lien on your business’s assets. Before you continue, you should print or save a copy of this Agreement for your records.
COPAY may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.
Credit and Background Check Authorization
You understand and agree that COPAY and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be signing the guarantee of performance, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. COPAY has such authority for the foregoing in connection with any extension of funding to the company on whose behalf you are applying, conducting file updates, ongoing reviews, renewal of funding, or referral of your business to third party lenders. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that COPAY is making no commitment or guarantee that any product, evaluation, or guidance provided by COPAY will result in an approval of funding from COPAY or any third party lender.
Privacy, Personal and Company Information
For information about COPAY’s data protection practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how COPAY collects and treats your personal and company information, and protects your privacy, when you access COPAY and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.
Identity Verification
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit. Therefore, when your company applies for credit, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity. In connection with the provision of the Service, users may submit financial information from their business banking account to COPAY. COPAY uses this information for its lending decisions and may require updates to monitor the performance of customers on an ongoing basis. With the Service, users may direct COPAY to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.
Intellectual Property Rights
All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software are the proprietary property of COPAY with all rights reserved. You are permitted to use content delivered to you through the Service or Website only on the Service. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology.
Electronic Communications
You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement, communications, disclosures and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow COPAY to respond to any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You must also agree to our ESign consent during the online application process.
Telephone Communications
You authorize COPAY and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls, text messages, and SMS and MMS messages, using an automatic telephone dialing system (often referred to as an autodialer) or an artificial or prerecorded voice, to the telephone numbers you have provided in your application for credit to COPAY (including your cellular phone numbers). You agree that this consent applies even if the numbers you have provided are currently on any state, federal, or corporate Do-Not-Call registry. You understand that you are not required to provide this consent as a condition of receiving any credit or services from COPAY, and that you may apply for business credit by contacting us directly. You may opt out of receiving calls and marketing from COPAY and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.
Third Party Sites or Content
The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”), as well as content from third parties. COPAY is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and COPAY policies no longer apply. In addition, if any such link is to another capital provider or lender, COPAY acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. COPAY has no role in, nor any liability for any decision made or product or service provided by such other capital provider or lender.
Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Warranty
WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.
Governing Law; Venue and Jurisdiction
By accessing the Website or using Services, you agree that the laws of the state of Delaware law applies in their entirety, without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Services.
