Terms of Service

By accessing or using the Kala Financial website, forms, tools or services, you accept and agree to be bound by these Terms of Service, our Privacy Policy, our Cookie and Tracking Notice, our SMS and Messaging Terms and our E-Sign Disclosure. If you do not agree, do not use the site or services. You represent that you are at least 18 years old and, where you act for a business, that you are authorized to bind that business.

Kala Financial is a strategic advisory and consulting firm. We do not lend directly to borrowers. Our services include:

• Financial strategy and capital advisory services
• Transaction support, file preparation and packaging
• Introductions to third-party lenders and capital providers
• Coordination of partner-delivered services, including tax credit, banking, HR, benefits and technology services
• Operational and business consulting

Specific deliverables, fees and responsibilities are governed by your written engagement agreement. If anything in these Terms conflicts with a signed engagement agreement, the engagement agreement controls for that engagement.

You expressly acknowledge and agree that delivering the services requires Kala Financial to disclose the information and documents you provide, including business and personal financial information, to lenders, capital providers, affiliates and professional service partners for the purpose of evaluating, structuring, quoting and delivering the services or financing you requested.

Those parties are independent third parties. Once information is provided to them, their use, retention and protection of that information is governed by their own agreements and privacy notices, and is outside Kala Financial's control. If you do not want your information shared on this basis, do not submit an intake form, application or documents.

Where you affirmatively authorize it on a form, you consent to Kala Financial obtaining preliminary consumer and business credit information about you and your business through a soft credit inquiry, which does not affect your credit score, for the purpose of evaluating your request. Lenders and capital providers obtain their own credit reports under their own authorizations, and those inquiries may affect your credit score. Kala Financial does not control those inquiries and does not make credit decisions.

• Provide accurate, current and complete information in all forms and communications
• Have the right to submit any document, financial statement or tax return you upload
• Maintain the confidentiality of any account credentials or access links
• Use the services only for lawful business purposes
• Not misrepresent your identity, ownership or business information
• Not attempt to access, probe, scrape or disrupt our systems or other users' data
• Comply with all applicable laws and regulations

Submitting false or misleading information may result in immediate termination of services and, where applicable, referral to lenders, partners or authorities.

You grant Kala Financial a limited license to store, process, organize and transmit the documents you submit for the purpose of delivering the services and sharing them with lenders and partners as described above. Documents are stored in a private, non-public location and retained in accordance with our Privacy Policy. Prior versions of replaced documents are retained as part of the file history.

Kala Financial does not guarantee approval of any application, any amount, rate, term or timeline, any tax credit or savings result, or any other outcome. Funding decisions are made solely by lenders and capital providers under their own underwriting criteria. Any figures, estimates, ranges or examples shown on this site or in materials are illustrative only and are not offers, commitments or predictions of your result.

Our services may connect you with third-party lenders, financial institutions, portals and service providers. Kala Financial is not responsible for the acts, omissions, policies, pricing, products or services of these third parties, and your interactions with them are governed by their own terms.

By providing your email address or phone number you consent to receive communications electronically, including service, status and transactional messages. Electronic communications satisfy any legal requirement that a communication be in writing. Marketing email may be stopped through the unsubscribe link, and text messages may be stopped by replying STOP. See our SMS and Messaging Terms and E-Sign Disclosure.

All content on this website, including text, graphics, logos, models, frameworks and software, is the property of Kala Financial LLC or its content suppliers and is protected by United States and international copyright and trademark laws. You may not reproduce, republish, resell or create derivative works from our content without prior written permission.

The website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kala Financial disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the site will be uninterrupted, secure or error-free, or that content is accurate, complete or current.

To the fullest extent permitted by law, Kala Financial LLC and its members, officers, employees and agents shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost financing, lost business opportunity, or loss of data, arising from or related to your use of the website or services, even if advised of the possibility. Our total aggregate liability for any claim shall not exceed the fees actually paid by you to Kala Financial for services in the twelve months preceding the event giving rise to the claim, or one hundred dollars ($100.00) if no fees were paid.

You agree to indemnify, defend and hold harmless Kala Financial LLC, its members, officers, employees and agents from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising from your use of the services, the information or documents you submit, your violation of these Terms, or your violation of any law or third-party right.

Please read this section carefully. It affects how disputes are resolved.

The parties will first attempt to resolve any dispute informally by written notice to the contact below and a good-faith discussion within thirty (30) days. If the dispute is not resolved, it shall be finally settled by binding arbitration administered by JAMS under its applicable commercial rules, before a single arbitrator, seated in Los Angeles County, California, and conducted in English. The parties consent to the personal jurisdiction of the State of California and agree that Los Angeles County, California is an appropriate forum given Kala Financial's registration as a foreign limited liability company in California. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be resolved only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information. If the arbitration provision is found unenforceable, exclusive jurisdiction and venue lie in the state and federal courts located in Los Angeles County, California.

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Kala Financial LLC is a Hawaii limited liability company registered as a foreign limited liability company in the State of California. The parties agree that California has a materially greater relationship to the parties and to the transactions contemplated by these Terms, and that application of California law serves the parties' reasonable expectations. California consumer protection, privacy and business laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act, apply to the fullest extent permitted by law.

We may suspend or terminate access to the website or services at any time, with or without notice, including for suspected misuse or misrepresentation. Sections concerning intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution survive termination.

Kala Financial may modify these Terms at any time. Changes are effective upon posting, and the "Last Updated" date will be revised. Your continued use of the website or services constitutes acceptance of the modified Terms.

If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. These Terms, together with any signed engagement agreement, are the entire agreement between the parties regarding the subject matter. You may not assign these Terms without our written consent. Neither party is liable for delays caused by events beyond its reasonable control.

For questions about these Terms of Service, please contact us at: