We provide lender-ready capital raise packaging and debt or equity placement support for business owners and buyers looking to secure serious term sheets and close funding on a defined timeline.
For business owners and acquirers pursuing private debt or equity, submit your deal for review. We revert within one working day with next steps and either a quote for our services.
Effective Date:
December 6, 2021
Last Updated:
January 2026
Version:
3.0
These Terms of Service (the "Terms") are a legally binding agreement between you and Financely (the "Company", "Financely", "we", "us", "our") governing your access to and use of any advisory services and any related website, portals, dashboards, forms, payment pages, and digital tools (the "Platform") and all associated advisory and platform services (the "Services"). By accessing the Platform, submitting an RFQ, requesting or accepting a quotation, instructing Financely to begin or continue work, signing or electronically accepting an engagement, paying any fee or invoice, supplying materials for performance, receiving or using any Deliverable, introducing Financely to transaction parties as your advisor, or otherwise hiring, retaining, instructing, or using the Services, you ( "Client", "you", "your") irrevocably agree to these Terms in their entirety. These acts constitute affirmative acceptance of these Terms whether or not you separately sign them. If you act for an entity, your acceptance binds that entity. If you do not agree to every provision, do not instruct, hire, pay, access, receive, use, or permit performance of the Services.
Read This First: Financely is a FinTech advisory platform. We are not a bank, not a deposit taking institution, not a direct lender, not an issuing bank, and not a registered securities broker-dealer. We do not guarantee financing, approvals, pricing, timelines, or outcomes. All Services are provided strictly on a best efforts basis and depend on third party decisions and deal fundamentals. If you require a guaranteed outcome, do not engage us. No representative of Financely is authorized to promise you an outcome, and any such promise, if alleged, is void and unenforceable against us.
Payment Rule: Fees compensate professional time, analysis, packaging, structuring, and process work. Fees are never contingent on outcomes and are never refunded based on outcomes. Unless a written engagement explicitly states otherwise, all fees are non refundable.
Conduct Rule: We work with professional counterparties who engage in good faith. Abusive, coercive, defamatory, or bad faith conduct results in immediate termination for cause without refund and exposes you to liquidated damages and legal action as set out below.
The Services are intended exclusively for business and professional use by sophisticated commercial parties. You confirm that you are using the Services for commercial purposes, that you are experienced in commercial and financial matters, that you have had the opportunity to seek independent legal advice on these Terms before accepting them, and that you accept these Terms as a commercial party dealing at arm's length. You expressly waive any consumer protection rights that may otherwise apply, to the fullest extent permitted by law.
If you use the Services on behalf of an entity, you represent and warrant that you have full authority to bind that entity to these Terms and any Engagement Agreement. If you lacked such authority, you are personally and jointly liable for all obligations, fees, and damages as if you were the contracting party.
You represent and warrant that all information and documents you provide are true, accurate, current, and complete, including beneficial ownership, control persons, source of funds, transaction parties, transaction purpose, financial condition, and litigation history. You must promptly update any information that becomes inaccurate. Provision of false, misleading, or materially incomplete information voids any obligation of Financely to continue the engagement, entitles Financely to retain all fees paid, and exposes you to indemnification liability under Section 20.
You represent and warrant that your requested Services and any related transaction are lawful and do not involve fraud, bribery, corruption, sanctions evasion, money laundering, terrorist financing, or any prohibited purpose.
You must disclose, before engagement and on an ongoing basis, any pending or threatened litigation, arbitration, regulatory investigation, enforcement action, insolvency proceeding, or material adverse event involving you, your entity, your beneficial owners, or your transaction counterparties. Failure to disclose is a material breach and grounds for immediate termination for cause without refund.
You acknowledge that you have not relied on any oral statement, marketing material, past performance description, or informal communication in deciding to engage Financely. The only binding commitments are those in these Terms and a signed Engagement Agreement. Any alleged oral promise of an outcome is void.
Financely is a FinTech advisory and arrangement platform. We are not a bank, not a direct lender, not an issuing bank, not a deposit taking institution, and not a registered securities broker-dealer or investment adviser. We do not accept deposits, do not hold client funds in custody, do not execute securities transactions, and do not provide direct financing. Where a mandate requires regulated activity, such as the placement of securities in an equity raise, Financely engages or refers the mandate to an appropriately licensed third party entity, such as a registered placement agent or investment bank, which acts under its own regulatory permissions and its own terms.
Financely operates a distributed execution model. Mandates are executed by a combination of internal personnel, vetted freelance Experts, and, where required by the nature of the work, licensed entities. Financely exercises reasonable skill and care in selecting and coordinating Experts but does not guarantee any specific individual, availability, or continuity of personnel. Financely may substitute, add, or remove Experts on a mandate at its sole discretion without notice, provided the agreed scope continues to be pursued. Section 5 describes the Expert model and its billing structure in detail.
All Services are provided strictly on a best efforts basis. This means Financely commits to applying professional skill, diligence, and reasonable resources to the agreed scope of work. It does not mean, and can never be interpreted to mean, that Financely promises any result. Specifically, Financely does not and cannot guarantee:
You accept that capital markets outcomes depend on third party credit decisions, market conditions, and the fundamentals of your own transaction, none of which Financely controls. Engaging Financely is a purchase of professional effort, not a purchase of a result.
Nothing we provide is legal, tax, accounting, regulatory, or investment advice. You must obtain your own independent professional advice before taking any action. You may not rely on Financely work product as a substitute for licensed professional advice, and any such reliance is at your sole risk.
Unless explicitly agreed in a separate signed fiduciary agreement, Financely does not act as a fiduciary, does not owe fiduciary duties to you, has no duty of loyalty beyond the agreed scope, and does not have authority to bind you or act as your agent. Financely may act for multiple clients in the same sector, including clients with competing interests, subject only to its confidentiality obligations.
Our obligations are limited strictly to the written scope in the Engagement Agreement. No duty, service, or obligation is implied by conduct, course of dealing, industry custom, or otherwise. Anything not written into the scope is out of scope.
To eliminate ambiguity and prevent disputes, every item in an engagement falls into one of two categories. Only the first category carries a delivery commitment.
| Committed Deliverables. Within Our Control | Outcome Dependent Items. Not Within Our Control |
|---|---|
| Deal assessment and feasibility memo | Issuance of term sheets by lenders or investors |
| Transaction structuring analysis and recommended structure | Credit approval or investment committee approval |
| Lender or investor pack, teaser, and information memorandum | Closing or funding of any facility or raise |
| Financial model or repayment analysis where scoped | Issuance or confirmation of any bank instrument |
| Target counterparty list and outreach to that list | Counterparty response rates or response timelines |
| Process coordination, data room support, and query management | Final pricing, tenor, or commercial terms |
| Status reporting at agreed intervals | Regulatory or licensing approvals of any kind |
Committed Deliverables are produced with reasonable professional skill and care, to the standard of a competent advisory professional in the relevant field, within the timelines stated in the Engagement Agreement, subject to your timely cooperation under Section 10. Committed Deliverables are deemed accepted unless you provide specific written objections within 5 business days of delivery. One round of reasonable revision is included unless the Engagement Agreement states otherwise. Additional rounds are billed as out of scope work.
Outcome Dependent Items are targets, not promises. No fee, in whole or in part, is contingent on any Outcome Dependent Item unless the Engagement Agreement contains an explicit success fee mechanic, and even then the failure of the outcome creates no refund right and no claim against Financely.
You may not reinterpret an Outcome Dependent Item as a Committed Deliverable in any dispute, negotiation, review, complaint, or proceeding. Any claim, demand, chargeback, or public statement asserting that Financely promised an Outcome Dependent Item is a material breach of these Terms and triggers the remedies in Sections 16 and 22.
Financely engages a curated network of Experts across structured trade finance, project finance, commercial real estate debt, acquisition finance, carbon markets, and related fields. Experts typically include former bankers, credit analysts, structuring specialists, financial modelers, packaging and documentation professionals, and, where regulated activity is required, licensed entities acting under their own permissions. Experts are engaged as independent contractors or subcontracted firms. They are not your employees, agents, or contractual counterparties. Your contractual relationship is with Financely only, and you have no direct claim against any individual Expert.
For transparency and to anchor budget discussions, indicative Expert time ranges for common mandate components are set out below. These are indicative planning figures, not caps and not commitments. Complex, incomplete, or slow-moving files consume more hours.
| Mandate Component | Indicative Expert Hours |
|---|---|
| Deal assessment and feasibility review | 6 to 15 hours |
| Transaction structuring and structure memo | 10 to 30 hours |
| Lender pack or information memorandum | 20 to 60 hours |
| Financial model build or rebuild | 15 to 50 hours |
| Counterparty mapping and outreach management, per month | 10 to 40 hours |
| Diligence coordination and query management, per month | 10 to 35 hours |
Expert rates and blended engagement rates may increase in the following circumstances, and you agree that such increases are legitimate and payable:
Where any circumstance in Section 5.3 arises on a live mandate, Financely will issue a written budget adjustment notice stating the reason and the revised budget. This is a Justified Budget Increase. You have 5 business days to approve it in writing. Refusal or non-response to a Justified Budget Increase entitles Financely, at its election, to (a) narrow the scope to fit the existing budget, (b) suspend work without penalty to Financely, or (c) terminate for cause under Section 15, with all fees earned to date retained and the break up fee applied. A refusal of a Justified Budget Increase is never grounds for you to claim breach by Financely, demand a refund, or withhold payment of amounts already due.
During the engagement and for 24 months after, you will not directly or indirectly solicit, hire, engage, or contract with any Expert introduced to you through Financely. Breach of this clause triggers liquidated damages equal to 100,000 USD per Expert or 100 percent of the fees paid on the mandate, whichever is greater.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately if you suspect unauthorized access. You are liable for all use of your account, authorized or not.
We may suspend access to the Platform, pause Services, and withhold deliverables if we suspect fraud, policy breach, non payment, late payment, reputational risk, or legal or compliance risk. Suspension does not waive or reduce your payment obligations, and time during suspension does not count against any Financely timeline commitment.
An RFQ is a request for assessment only. Financely may decline any RFQ at its sole discretion without giving reasons. Submission of an RFQ, payment of a deal assessment fee, or attendance at a consultation does not obligate Financely to accept a mandate.
Quotations are valid for 30 days and may be withdrawn at any time before acceptance. An engagement forms only when (a) Financely confirms acceptance in writing and (b) cleared funds for the initial retainer or assessment fee are received. Work begins only after both conditions are met.
These Terms are accepted independently of whether a separate Engagement Agreement is signed. Without limitation, acceptance occurs when you or anyone acting with your authority: (a) pays or authorizes payment of any Financely invoice, retainer, assessment fee, or deposit; (b) instructs Financely in writing or electronically to start, continue, revise, distribute, negotiate, contact counterparties, or reserve resources; (c) supplies documents or information for Financely to perform the requested Services after receiving a quotation, proposal, invoice, engagement letter, or link to these Terms; (d) receives, relies on, circulates, or uses any Deliverable; or (e) holds Financely out to any lender, investor, bank, insurer, advisor, vendor, or transaction party as engaged on your behalf. Your internal procurement process, purchase order process, countersignature process, or failure to countersign does not negate acceptance where you have otherwise instructed, paid for, received, or used the Services.
For avoidance of doubt, acceptance of these Terms does not require Financely to commence a mandate before the conditions in Section 7.2 are satisfied. Financely may require cleared funds and written confirmation before commencing or resuming performance.
The deal assessment fee compensates the assessment work itself. It is earned on delivery of the assessment and is non refundable regardless of the assessment's conclusions. Where stated, it is credited against the arranger fee on a full mandate. A negative or cautionary assessment is a valid deliverable and creates no refund right.
Any change to scope, deliverables, timeline, or fees requires a written amendment. Requests for out of scope work do not obligate Financely to perform, and out of scope work performed to keep a transaction moving may be invoiced at prevailing Expert rates.
Unless an Engagement Agreement explicitly states otherwise in writing, all Fees are non refundable once earned or committed. Retainers compensate Reserved Capacity, availability, assessment, structuring, onboarding, preparation, and execution effort and are not contingent on a financing result. Transaction failure, market deterioration, counterparty withdrawal, Client strategy changes, abandonment, dissatisfaction with an Outcome Dependent Item, or termination caused by the Client does not create a refund right. Nothing in this clause permits Financely to retain sums for Services that applicable law requires to be refunded.
Retainers, assessment fees, deposits, and any amount stated as payable before commencement are payable in cleared funds before work begins. Other invoices are payable within 14 days of issue unless the Engagement Agreement states a shorter period. Time for payment is of the essence. You may not condition payment on obtaining financing, receiving a term sheet, internal approval, reimbursement from a third party, completion of your own fundraising, or receipt of funds from the contemplated transaction. All bank charges, processing fees, withholding taxes where gross-up is legally permitted, and currency conversion costs are borne by you.
Any amount not received in cleared funds by the due date is overdue without further notice. To the fullest extent permitted by law, overdue commercial debts bear simple interest from the due date until payment at an annual rate equal to 8 percentage points above the prevailing Bank of England base rate, or any higher mandatory statutory rate that applies. Financely may also recover any fixed compensation and reasonable debt recovery costs available under applicable late payment legislation. If an Engagement Agreement lawfully specifies a different substantial contractual remedy, that written remedy applies instead.
Where a payment default causes Financely to demobilize personnel, release Reserved Capacity, pause third party work, re-calendar counterparty outreach, or later restart the mandate, the Client must reimburse the reasonable, documented costs actually incurred in suspension, remobilization, re-onboarding, re-screening, rework, and renewed counterparty outreach. Financely may require payment of those costs before resumption. This reimbursement is compensatory and is not intended as a penalty.
A chargeback, card dispute, ACH reversal, bank recall, or payment dispute initiated without a bona fide documented basis, or after the Client has received or used the relevant Services, is a material breach and Process Abuse. The Client remains liable for the underlying debt, applicable interest, processor charges, reversal fees, reasonable internal recovery costs, and all reasonable legal and collection costs actually incurred. Financely may suspend or terminate immediately, revoke use rights in Deliverables, contest the payment reversal with engagement records, and pursue recovery under Section 22.
A bona fide invoice objection must be delivered in writing within 7 days of invoice date and must identify the specific amount disputed, the contractual basis for the objection, and supporting documents. The undisputed portion remains payable on time. Failure to object within 7 days is evidence of acceptance of the invoice, without excluding any right that applicable law does not permit the parties to waive. General dissatisfaction, transaction failure, or dissatisfaction with an Outcome Dependent Item is not a valid invoice objection.
To the fullest extent permitted by law, you may not set off, deduct, counterclaim against, withhold, or reduce any undisputed amount payable to Financely because of a separate claim or complaint. Any such claim must be pursued independently under Section 24.
Upon termination for material payment default, all accrued Fees, earned milestones, work in progress, committed or non-cancellable third party costs, and documented recovery costs become immediately due. Unperformed future Services are not accelerated except to the extent a separate Engagement Agreement expressly identifies a non-cancellable reservation fee, minimum commitment, or other primary payment obligation.
Financely screens all clients, beneficial owners, and transaction parties against applicable sanctions lists and adverse media, and conducts source of funds review. You must cooperate fully and promptly. Enhanced due diligence may be applied at Financely's discretion.
A failed or refused screening, or discovery of undisclosed sanctions exposure, adverse findings, or false KYC data, results in immediate termination for cause without refund. Financely may make reports to authorities and financial intelligence units without notice to you and bears no liability for the consequences of any such report made in good faith.
Screening is continuous. You must notify Financely within 2 business days of any event that would change your KYC, sanctions, or litigation disclosures.
You agree to deal with Financely in good faith at all times. For the purposes of these Terms, good faith means all of the following, and breach of any element is a material breach:
Financely's Services are reserved for clients pursuing genuine transactions with present authority, willingness, and financial capacity to engage professional advisors and proceed if commercially acceptable terms are available. The following are expressly prohibited and constitute Process Abuse or Bad Faith Negotiation where done intentionally, recklessly, or as a pattern of conduct:
Upon Process Abuse, Bad Faith Negotiation, persistent non-cooperation, or materially unprofessional conduct, Financely may immediately stop substantive work, restrict communications to designated written channels, require communications to pass through an authorized senior representative or legal counsel, withdraw any quotation or concession, cancel discounts, require advance payment for all future work, release Reserved Capacity, suspend counterparty outreach, or terminate for cause. Financely may retain all earned Fees and recover documented wasted costs, remobilization costs, committed third party costs, reasonable investigation and remediation costs, and other loss recoverable at law. Financely may refuse any future engagement with the Client, its affiliates, principals, or representatives.
Where the conduct also constitutes a breach of confidentiality, non-circumvention, intellectual property restrictions, payment obligations, or Section 11, the specific remedies for those breaches apply cumulatively, subject to the rule against double recovery.
Financely is not required to tolerate abusive, insulting, degrading, discriminatory, threatening, harassing, persistently hostile, or deliberately obstructive conduct. Financely may require all further communications to be in writing, remove particular Client representatives from the engagement, require replacement of a point of contact, refuse meetings or calls, or terminate immediately where continued interaction would expose personnel or Experts to abuse, harassment, intimidation, or material reputational or operational risk.
For a remediable first breach that Financely does not consider severe, Financely may require written cure within 5 business days. No cure period is required for threats, harassment, fraud, forged documents, deliberate payment leverage, unauthorized disclosure, circumvention, serious Process Abuse, repeated misconduct, or conduct reasonably likely to cause immediate financial, legal, regulatory, operational, or reputational harm.
The following conduct constitutes Prohibited Leverage Conduct and is a material breach triggering immediate termination for cause and the full remedies in Section 22:
You acknowledge that Prohibited Leverage Conduct may cause harm that is difficult to quantify, including loss of management time, disruption of personnel, wasted Reserved Capacity, counterparty relationship damage, investigation costs, and reputational remediation expense. Financely may recover all proven loss and all reasonable professional, forensic, public relations, takedown, investigation, collection, and legal costs recoverable at law, and may seek injunctive or other equitable relief under Section 22. Any separately negotiated liquidated damages amount in an Engagement Agreement applies only where it protects a legitimate commercial interest and is not out of all proportion to that interest. The parties intend compensation and protection of legitimate interests, not punishment.
Financely logs and preserves all communications. You consent to Financely's use of all engagement communications, call recordings where lawfully made, and Platform records as evidence in any proceeding arising from Prohibited Leverage Conduct.
Counterparties decide independently whether to engage, on what terms, and on what timeline. Financely has no control over and no liability for counterparty decisions, delays, conditions, repricing, or withdrawal, at any stage including after term sheet issuance.
Licensed entities, placement agents, law firms, and other third parties engaged on a mandate act under their own terms, permissions, and professional rules. Your recourse for their acts or omissions lies against them, not against Financely.
Financely applies reasonable screening to counterparties but does not warrant their creditworthiness, regulatory standing, or performance. You must conduct your own diligence on any counterparty before transacting.
Financely may independently verify any information you provide, including through third party databases, direct counterparty contact, and background screening. You authorize all such verification.
Impersonating Financely, its personnel, or its Experts, or misrepresenting your relationship with Financely to any third party, is a material breach and will be reported to law enforcement and affected parties.
Financely may reject or return payments from unverified, high risk, or third party sources and may require source of funds documentation before applying any payment to an engagement.
For 36 months from the earlier of engagement start or any introduction, you will not transact, directly or indirectly, with any Counterparty introduced by Financely or contacted on your behalf, without paying Financely's full arranger fee. This applies regardless of how the eventual transaction is structured, named, papered, or intermediated, and regardless of whether the transaction differs from the one originally contemplated.
Transacting through affiliates, new entities, relatives, nominees, or successive intermediaries does not avoid this obligation. Any transaction between your side and an introduced Counterparty within the tail period is rebuttably presumed to result from Financely's introduction, and the burden is on you to prove an independent pre-existing relationship with documentary evidence predating the introduction.
Circumvention triggers payment of 100 percent of the arranger fee, plus 25 percent liquidated damages, plus all recovery costs on a full indemnity basis, plus injunctive relief where the transaction has not yet closed.
Financely may terminate for cause, with all fees retained and all remedies preserved, upon any material breach, including breach of Sections 2, 6, 8, 9, 10, 11, 14, or 16.
Financely may terminate any engagement without cause on 10 business days written notice, without obligation to give reasons. Circumstances in which Financely will typically exercise this right include, without limitation:
Upon termination without cause, fees earned to date are retained, unbilled work in progress is invoiced and payable, and neither party owes the other anything further except surviving obligations.
If you terminate early, abandon the transaction, freeze cooperation for more than 15 business days, or move the mandate to a competing advisor, Financely may invoice all earned milestones, work in progress, committed or non-cancellable third party costs, and any expressly agreed non-cancellable reservation or minimum commitment fee stated in the Engagement Agreement. Financely may also recover proven loss caused by the breach, including wasted Reserved Capacity, to the extent recoverable at law. No automatic charge for wholly unperformed future Services applies unless it is expressly identified in the Engagement Agreement as a primary payment obligation or a proportionate liquidated damages provision protecting a legitimate commercial interest.
Each party will hold the other's Confidential Information in strict confidence and use it solely for the engagement. Disclosure is permitted only to advisors with a need to know who are bound by equivalent obligations, or as compelled by law with prompt notice where lawful.
You must not knowingly or recklessly make, publish, republish, procure, encourage, or distribute any materially false or misleading statement of fact concerning Financely, its Services, personnel, Experts, counterparties, conduct, fees, or performance. You must not selectively publish confidential materials, altered communications, incomplete extracts, or allegations in a manner reasonably likely to create a materially false impression. You must not threaten publication or third party dissemination as leverage to obtain a refund, fee reduction, scope expansion, payment concession, or other benefit not contractually due.
Nothing in these Terms prohibits a truthful statement, a legally protected disclosure, a good faith report to a regulator or law enforcement authority, testimony required by law, or a bona fide confidential communication to legal counsel. However, confidentiality, data protection, privilege, and non-circumvention obligations continue to apply to the fullest extent permitted by law.
If Financely reasonably believes that Client-controlled content breaches Section 16.3, Financely may demand prompt preservation of evidence, correction, retraction, removal, disabling of access, or a clarifying publication proportionate to the original dissemination. Failure to take reasonable corrective action after written notice is an aggravating breach and may support an application for interim or permanent injunctive relief.
For breach of Sections 16.2 to 16.4, Financely may recover its proven direct losses, reasonable investigation, monitoring, public relations, takedown, forensic, professional, and legal costs, loss caused by identifiable lost business where legally recoverable, and any other damages or account of profits available at law. Where an Engagement Agreement separately states a negotiated liquidated damages amount for a particular confidentiality or non-disclosure obligation, that amount applies only to the extent it is proportionate to Financely's legitimate interest in performance and enforceable under applicable law. No remedy permits double recovery for the same loss.
All work product, methods, frameworks, templates, models, and materials are and remain Financely's exclusive property. You receive only a limited, non exclusive, non transferable, revocable license to use paid-for deliverables for the specific transaction in the Engagement Agreement.
The license terminates automatically upon any material breach, non payment, or termination for cause. Continued use after revocation is intellectual property infringement and breach of contract.
Financely retains the right to reuse its methods, structures, and anonymized learnings across its practice.
The Platform and Services are provided as is and as available, without warranties of any kind, express, implied, statutory, or otherwise, including merchantability, fitness for purpose, non infringement, accuracy, and uninterrupted availability, all of which are disclaimed to the fullest extent permitted by law.
You assume all commercial risk of your transaction, including the risk that no financing is obtained, that terms are worse than hoped, that timelines extend, that counterparties withdraw, and that market conditions change. You acknowledge that these risks are inherent to capital markets and exist regardless of the quality of advisory work.
To the fullest extent permitted by applicable law, you irrevocably waive and release Financely, its owners, personnel, Experts, and affiliates from any and all claims, demands, causes of action, and liabilities of every kind, whether known or unknown, arising from or related to:
You covenant not to bring, fund, or assist any claim within the scope of Section 19.1 in any forum. Doing so is itself a breach entitling Financely to recover all defense costs on a full indemnity basis regardless of the claim's outcome.
Any claim you are permitted to bring notwithstanding Section 19.1 must be commenced under Section 24 within 6 months of the event giving rise to it. Claims not commenced within 6 months are permanently barred, and you expressly waive any longer limitation period otherwise available at law.
You will indemnify, defend, and hold harmless Financely, its owners, personnel, Experts, contractors, and affiliates from third party claims and from direct losses, liabilities, damages, penalties, charges, and reasonable professional and legal costs to the extent arising from: (a) false, misleading, incomplete, forged, unauthorized, or unlawfully obtained information or documents supplied by or for you; (b) your breach of these Terms, an Engagement Agreement, or applicable law; (c) your transaction, products, business, counterparties, instructions, representations, or use of the Services; (d) your misuse, unauthorized distribution, alteration, or publication of Deliverables or Confidential Information; (e) infringement or alleged infringement arising from materials you supplied; (f) Process Abuse, Bad Faith Negotiation, circumvention, Prohibited Leverage Conduct, chargebacks, payment reversals, reputational interference, or unauthorized communications with Financely counterparties; (g) regulatory, tax, sanctions, AML, anti-bribery, data protection, employment, securities, or licensing matters caused by your acts, omissions, instructions, or transaction; and (h) claims by your affiliates, shareholders, investors, lenders, customers, suppliers, advisors, employees, representatives, or transaction parties arising from your conduct or from statements or materials you supplied to Financely. This indemnity does not apply to the extent a final binding determination finds the relevant loss was caused by Financely's fraud or willful misconduct.
Financely may control the defense of any indemnified claim with counsel of its choosing, at your cost. You may not settle any claim affecting Financely without Financely's prior written consent.
Financely indemnifies you solely against third party claims finally determined to result from Financely's fraud or willful misconduct, and for nothing else. This is your exclusive indemnity from Financely.
Financely's total aggregate liability for all claims of any kind, in contract, tort, negligence, misrepresentation, statute, or otherwise, is capped at the lesser of (a) the fees actually paid by you in the 6 months preceding the first event giving rise to liability, and (b) 25,000 USD. If no fees were paid, the cap is 500 USD. This cap is aggregate across all claims, all engagements, and all theories, and is not per claim.
Financely is never liable for lost profits, lost financing, lost opportunity, loss of expected transaction benefits, cost of replacement services, reputational harm, loss of data, or any indirect, consequential, incidental, special, exemplary, or punitive damages, even if advised of their possibility, and even if a remedy fails of its essential purpose.
Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for fraud. All exclusions and caps apply to the fullest extent the law allows.
All Financely remedies are cumulative. Exercise of one remedy does not waive any other. Upon your breach, Financely may pursue any combination of the following:
Financely is not liable for delay or failure caused by events beyond its reasonable control, including pandemics, wars, sanctions changes, banking system disruptions, government action, infrastructure failure, and Expert unavailability from such causes. Force majeure suspends Financely's performance obligations without penalty but never suspends your payment obligations for work performed.
These Terms and all Engagement Agreements, and all non contractual obligations arising from them, are governed by the laws of England and Wales, excluding conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Each of the following steps is a strict condition precedent to the next. Any arbitration commenced without completing the prior tiers must be stayed or dismissed, with the non complying party bearing all resulting costs.
All claims must be brought in your individual capacity. You waive any right to bring or participate in any class, collective, representative, or consolidated proceeding against Financely, and you waive any right to coordinate claims with any other client or third party. Arbitrations may not be consolidated without Financely's written consent.
For the avoidance of doubt, Financely may seek urgent interim or conservatory relief under Section 22.1 from a competent court or emergency arbitrator without first completing the escalation steps in Section 24.3 where delay could materially prejudice the requested relief. The Client may seek any non-waivable interim relief that applicable law requires to remain available. Resort to interim relief does not determine the merits and does not waive arbitration.
The existence of a dispute never suspends your payment obligations. All invoices remain payable in full when due during any dispute process.
These Terms and each signed Engagement Agreement are the entire agreement. All prior discussions, representations, and marketing statements are superseded and non actionable. Each party confirms it has not relied on any representation not set out in writing herein, and liability for innocent or negligent misrepresentation is excluded.
Financely may amend these Terms at any time by posting the updated version. Continued use after posting is acceptance. For live engagements, amendments apply 14 days after posting except amendments to fees already agreed, which require consent.
If any provision is held unenforceable, it is modified to the minimum extent needed to be enforceable, or severed if it cannot be, and the remainder continues in full force. The parties intend every restriction herein to be enforced to the maximum extent the law permits.
No forbearance, indulgence, delay, or partial exercise of any right by Financely waives that right or any other. Waivers must be express, written, signed by an authorized Financely officer, and are strictly limited to their stated instance.
You may not assign these Terms or any rights without Financely's written consent; any purported assignment is void. Financely may assign, novate, or subcontract freely.
Nothing creates a partnership, joint venture, employment, or agency relationship. Neither party may bind the other.
Notices must be in writing to the addresses in the Engagement Agreement. Email notice is effective on sending absent a bounce.
Sections 1, 4.4, 5.5, 8, 11, 14, 16, 17, 18, 19, 20, 21, 22, 24, and 25 survive termination indefinitely.
Headings are for convenience only. "Including" means including without limitation. These Terms are the product of arm's length negotiation between commercial parties and shall not be construed against the drafter.
By hiring, retaining, instructing, paying, accessing, receiving, using, or permitting Financely to perform Services, you confirm that you have read these Terms or had a reasonable opportunity to do so, understand that they govern the engagement, have had the opportunity to obtain independent legal advice, and accept them as a sophisticated commercial party. You agree that electronic conduct, payment, written instructions, and use of Deliverables may evidence acceptance to the same extent as a handwritten signature.
Disclaimer: This page is for general information only. It does not constitute legal, tax, accounting, investment, or regulatory advice. Financely is a FinTech advisory platform. Financely is not a bank, not a direct lender, and not a registered securities broker-dealer. Where regulated activity is required, mandates are executed by appropriately licensed third party entities. All Services are best efforts advisory and arranging services. No financing or outcome is guaranteed. Any terms are subject to diligence, counterparty approvals, definitive documentation, and compliance screening. If you do not agree with these Terms in full, do not use the Platform or Services.
Financely provides paid structured debt advisory, trade finance, project finance and credit enhancement advisory for companies, sponsors and investors executing qualified transactions.
Security notice: we are aware of third parties using Financely’s name without authorization. Only emails sent from our official domains and communications through our portal are valid. Please verify any outreach before sharing documents or sending payments, and read our impersonation warning.
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.
To proceed,
request a quote
and receive indicative commercial terms. If you require guidance before engaging,
book a paid telephone consultation.
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.
Click
here to download our brochure. Email
supportdesk@financely-group.com for general enquiries.
Click here to view the complete regulatory disclaimer.
