Terms of Use

Effective Date: 09/15/2025
Version: 1.0

IMPORTANT—PLEASE READ: THIS AGREEMENT CONTAINS (1) A BINDING ARBITRATION PROVISION AND (2) A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. EXCEPT AS STATED BELOW, DISPUTES MUST BE RESOLVED BY INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1) Loan Terms (APR, Repayment, Fees)
1.1 APR Range. The Annual Percentage Rate (“APR”) reflects the yearly cost of credit, inclusive of applicable interest and certain fees. APRs for products available through the App may be up to 35%, and will vary based on product type, your eligibility, the amount requested, the repayment schedule, underwriting criteria, and state law.
1.2 Repayment Periods. Repayment timelines generally range from 3 months (90 days) to 24 months (2 years), depending on the product, your state, and the originating lender’s program. Your definitive repayment schedule will be disclosed before you accept any offer.
1.3 Payment Frequency & Method. Payments are typically due in fixed installments on set dates and made via ACH or similar electronic methods. Specific due dates and payment methods will be shown in your product-specific agreement.
1.4 Fees & Charges. Any fees—such as origination, late, returned payment, or expedited funding fees (where permitted)—will be clearly disclosed prior to your acceptance. There are no hidden or undisclosed fees.
1.5 Early Payoff. Most products allow you to repay early without a prepayment penalty; consult your product-specific agreement for details.
1.6 Illustrative Cost Disclosures. Before you accept, you will receive a Truth-in-Lending-style or comparable disclosure (as applicable) detailing APR, finance charges, total of payments, number of payments, and due dates.

2) Agreement to Terms
These Terms of Use (“Terms”) form a binding contract between you (“you” or “User”) and Cash Advance Ava LLC (“Cash Advance Ava,” “we,” “us,” or “our”) and govern your access to and use of the Cash Advance Ava mobile application and related services (collectively, the “App”). By downloading, installing, creating an account, or using the App, you affirm that you are at least 18 years old, are a U.S. resident, and that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

3) Arbitration Agreement & Class Action Waiver
3.1 Agreement to Arbitrate. YOU AND CASH ADVANCE AVA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT, EXCEPT FOR QUALIFYING SMALL CLAIMS.
3.2 Class and Jury Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CASH ADVANCE AVA WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
3.3 Opt-Out Procedure. You may opt out of this Arbitration Agreement by emailing support@cashadvanceava.com within 30 days after you first accept these Terms. Your opt-out notice must include your full name, the email and phone number associated with your account, and a clear statement that you opt out of arbitration.
3.4 Exceptions. This Section does not apply to claims by covered borrowers under the Military Lending Act where arbitration is prohibited.
3.5 Rules, Fees, and Authority. The AAA Consumer Arbitration Rules will govern. The arbitrator shall have exclusive authority to resolve any dispute about arbitrability, scope, or enforceability of this Section. We will pay arbitration fees as required by AAA rules and applicable law.

4) What the App Is (No Financial Advice)
The App is a technology platform that enables eligible users to discover and apply for consumer financial products that may be originated or serviced by Cash Advance Ava or by third-party financial institutions (collectively, “Financial Partners”). Unless expressly disclosed for your state and product, Cash Advance Ava is not a bank and does not itself extend credit in every jurisdiction. Information presented in the App is for general informational purposes and does not constitute legal, tax, or financial advice.

5) Availability; Eligibility; Territory
5.1 Availability. Features and products may be unavailable in certain states. Offer terms vary by state, product, lender, and underwriting.
5.2 Basic Requirements. You must be at least 18, reside in the United States, and have capacity to enter contracts. You must maintain a valid mobile number, compatible device, and an eligible U.S. bank account for disbursements and repayments.
5.3 Verification. We may require identity, income, employment, and account verification (which may include government ID, SSN/ITIN where permitted, and bank account information). You agree to provide accurate and current information and to keep it updated.

6) Account Registration & Security
6.1 Account Creation. Most App features require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
6.2 Security Practices. Protect your device and login details. Notify us immediately of any unauthorized access or suspected compromise at support@cashadvanceava.com.
6.3 One User, One Account. We may limit each person to a single User account and to one active application at a time.

7) Product Categories (Informational Overview)
The App can facilitate access to the following categories of credit, subject to state law, underwriting, and partner participation:
7.1 Cash Advances. Small-dollar amounts (e.g., around $100–$500) intended to bridge timing gaps or urgent expenses; typically repaid in a single payment or short cycle where permitted by law.
7.2 Personal Loans. Larger installment loans suited for broader needs (e.g., medical bills, car repairs, debt consolidation), generally repaid over months.
7.3 Card Programs (Planned). A Cash Advance Ava-branded card may be issued by a bank partner. Limits (e.g., up to $700), rates, and fees will be disclosed by the issuer. Joining a waitlist does not guarantee approval.

8) Cost Disclosures; Representative Terms
8.1 APR Disclosures. APRs may be up to 35%, depending on eligibility, loan amount, repayment term, and risk modeling.
8.2 Repayment Windows. Typical repayment ranges span 3–24 months. Exact terms will be provided before you accept.
8.3 No Hidden Fees. Any fees will be disclosed upfront. Review your offer and agreement for details.
8.4 Prepayment. Early repayment is usually permitted without penalty, where allowed by law.

9) Underwriting & Eligibility Criteria
9.1 Evaluation Factors. Eligibility may consider identity verification, income and employment information, cash flow data, bank account activity, repayment history, and other information you provide.
9.2 Changes to Criteria. We may modify eligibility standards as permitted by law and internal policies. We are not obligated to extend products to every applicant.

10) Credit Inquiries and Your Credit Score
10.1 Soft vs. Hard Pulls. Cash Advance Ava does not use hard credit checks to present preliminary offers. However, certain Financial Partners may require a hard inquiry before final approval or funding. If so, they will obtain your consent and provide appropriate disclosures. A hard inquiry can affect your credit score.
10.2 Verification Authorization. You authorize us and our partners to verify information you provide through third-party databases, verification vendors, your financial institutions, or other lawful sources, subject to applicable law.

11) Product-Specific Agreements
11.1 Separate Contracts. If you accept an offer, you will receive a product-specific agreement (e.g., loan agreement, cardholder agreement). That contract is between you and the originating lender or issuing bank (or Cash Advance Ava where applicable) and will govern the transaction.
11.2 Your Review. Ensure you review all terms—APR, fees, repayment schedule, late/NSF policies, and any security interests—before you accept.

12) Funding, Disbursement, and Repayment
12.1 Funding Method. If approved, funds are generally disbursed to your linked bank account via ACH or similar method. Timing depends on your bank and processing windows.
12.2 Repayment Authorization. You authorize scheduled debits per your agreement. Maintain sufficient funds to avoid third-party charges (e.g., your bank’s NSF fees).
12.3 Weekend/Holiday Processing. If a due date falls on a non-business day, processing may occur on the next business day. You may request alternative arrangements where permitted.

13) ACH Authorization & Electronic Transfers
13.1 Authorization. By linking an account and accepting a product, you authorize Cash Advance Ava and/or its Financial Partners and payment processors to initiate credits and debits to your bank account for funding, repayments, adjustments, and fees, pursuant to your agreement and the Nacha Operating Rules.
13.2 Revocation. You may revoke ACH authorization by contacting support@cashadvanceava.com and your bank. Revocation does not cancel your obligation to pay. We may require certified funds or other methods if you revoke ACH.
13.3 Errors & Unauthorized Transfers. Report suspected unauthorized or erroneous transfers promptly so we can investigate under applicable law.

14) Rewards, Points, and Promotional Benefits
14.1 Overview. The App may include rewards (e.g., points for eligible actions). Benefits may include fee waivers, expedited services, or upgrades, subject to program terms.
14.2 Not Cash; Changes. Rewards are not cash, have no cash value, are non-transferable, and may be modified or discontinued at any time where permitted.
14.3 Fraud & Forfeiture. We may suspend or forfeit rewards for suspected fraud, abuse, or violations of these Terms or program rules.

15) Communications & E-Sign Consent
15.1 Electronic Records and Signatures. You agree to receive and sign disclosures, agreements, and notices electronically (e.g., via the App, email, or SMS) under the E-SIGN Act. Keep your contact information current and ensure you can access and retain electronic records.
15.2 Calls and Texts. By providing a number, you consent to receive autodialed or prerecorded calls and texts from us or our service providers about your account. Reply STOP to opt out of non-essential marketing texts. Transactional, security, or legally required messages may continue.

16) Prohibited Uses
You agree not to: (a) provide false or misleading information; (b) use the App for unlawful purposes, including fraud or money laundering; (c) interfere with or probe App security; (d) reverse engineer, scrape, or extract data except as allowed by law; (e) infringe any intellectual property or privacy right; (f) create multiple accounts to circumvent decisions or limits.

17) Third-Party Services & Links
The App may link to or integrate with third-party services (e.g., identity verification, bank connectivity, payments, analytics). Your use of such services may be governed by those providers’ terms and privacy policies. We are not responsible for third-party content or practices.

18) Intellectual Property; License
18.1 Ownership. The App, software, trademarks, and content are owned by Cash Advance Ava or its licensors and protected by intellectual property laws.
18.2 Limited License. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to install and use the App on a device you own or control for personal, lawful purposes.
18.3 Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or otherwise exploit the App except as expressly permitted by law.

19) App Store Terms (Apple/Google)
If you obtained the App from Apple or Google: (a) these Terms are between you and Cash Advance Ava only; (b) Apple/Google has no responsibility for the App or its content, maintenance, or support; and (c) Apple/Google and their subsidiaries are third-party beneficiaries of these Terms and may enforce them.

20) Disclaimers
20.1 “AS IS.” THE APP AND ALL RELATED 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, TITLE, AND NON-INFRINGEMENT.
20.2 No Availability Guarantee. WE DO NOT WARRANT THAT APPROVAL, FUNDING SPEEDS, OR PARTICULAR TERMS WILL BE AVAILABLE, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. STATE RESTRICTIONS AND PARTNER AVAILABILITY APPLY.

21) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CASH ADVANCE AVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US, IF ANY, FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY.

22) Indemnification
You agree to defend, indemnify, and hold harmless Cash Advance Ava and its affiliates, officers, directors, employees, and agents from and against any losses, liabilities, claims, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the App; (b) your breach of these Terms; or (c) your violation of any law or third-party right.

23) State Notices & Licensing
23.1 Licensing. Certain products may be offered by state-licensed lenders or by Cash Advance Ava where licensed or exempt. State-specific licensing information will be provided in product disclosures or on request. [If applicable, insert license numbers and NMLS ID here.]
23.2 No Unlawful Offers. We do not offer products in jurisdictions where prohibited. Additional disclosures will be presented as required before you accept an offer.

24) Military Lending Act (MLA)
If you are a “covered borrower” (e.g., active-duty servicemember or qualifying dependent), you are entitled to MLA protections, including a maximum Military APR (MAPR) of 36% and certain disclosure and contract requirements. To the extent any term here conflicts with the MLA or is prohibited (including certain arbitration provisions), that term will not apply to you.

25) Changes; Suspension; Termination
25.1 App Changes. We may modify, suspend, or discontinue any part of the App at any time.
25.2 Updates to Terms. We may update these Terms. Material changes will be communicated in-App or by email. Continued use after changes take effect constitutes acceptance.
25.3 Termination. We may suspend or terminate access for any reason consistent with law, including suspected fraud, noncompliance, or undue risk. You may stop using the App at any time. Sections that by nature survive (e.g., arbitration, indemnity, payment obligations) will remain in effect.

26) Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, labor disputes, power or internet outages, pandemics, governmental actions, or similar events.

27) Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, without notice in connection with a merger, acquisition, reorganization, or sale of assets.

28) Severability; Waiver; Entire Agreement
If any provision is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any product-specific agreement you accept, constitute the entire agreement between you and us regarding the App.

29) Governing Law; Venue (Subject to Arbitration)
Except to the extent preempted by federal law or superseded by Section 3 (Arbitration), these Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. If the Arbitration Agreement is found unenforceable as to a claim, the exclusive venue for that claim shall be the state or federal courts in Laramie County, Wyoming, and you consent to personal jurisdiction there.

30) Notices; Contact Information
Questions, notices, or service of process relating to these Terms may be sent to:
Cash Advance Ava LLC
525 Randall Ave Ste 100 Ste R
Cheyenne, WY 82001
USA
Email: support@cashadvanceava.com

Schedule A: Representative Product Summaries (Informational Only)
A1) Cash Advances
Purpose: Short-term, small-dollar amounts to cover timing gaps or urgent expenses.
APR: Up to 35% (varies by eligibility, loan size, and state limitations).
Repayment: Typically a single payment or short cycle; minimum 90 days where applicable.
Fees: Any origination, late, returned payment, or expedited funding fees disclosed upfront.
Prepayment: Typically permitted without penalty; see your agreement.

A2) Personal Loans
Purpose: Installment loans for broader needs (e.g., medical, auto, consolidation).
APR: Up to 35%, based on eligibility, term, and state rules.
Repayment: Fixed installments over 3–24 months, as disclosed before acceptance.
Fees: Any applicable origination, late, or other fees disclosed in advance.
Prepayment: Generally allowed without penalty unless prohibited by law.

A3) Card Program (Planned)
Issuer: A bank partner will issue any future card; terms provided by the issuer.
Limits & Fees: Example limits up to $700; specific rates/fees depend on underwriting and issuer policies.
Credit Reporting: If applicable, the issuer will disclose reporting practices.
Rewards: Optional participation; governed by program terms.

Schedule B: Quick Answers (Non-Binding Summaries)
B1) Credit Impact. We do not perform hard pulls to show preliminary offers. Certain Financial Partners may require a hard inquiry prior to funding; you will be notified and asked to consent.
B2) Funding Speed. Many disbursements can occur quickly after approval, but timing depends on your bank and processing windows.
B3) Hidden Fees. None. All fees are disclosed before you accept.
B4) Early Repayment. Typically allowed without penalty; see your agreement.
B5) State Availability. Not all products are offered in all states; availability varies by product and jurisdiction.