Terms & Conditions of Use

NextLevel Flex‑Fi, LLC (dba NextLevel Patient Financing)
Effective Date: September 16, 2025

1) Agreement to Terms

These Terms & Conditions (the “Terms”) govern access to and use of the Services provided by NextLevel Flex‑Fi, LLC (“NLFF,” “we,” “us,” “our”) and its dba NextLevel Patient Financing (“NLPF”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2) Description of Services; No Lender or Medical Services

• Financing Enablement. We provide tools to help providers/merchants offer financing and to route consumer/patient applications to participating lenders. We are not a bank or lender and do not make credit decisions; approvals, rates, and terms are set by third‑party lenders.
• No Medical Services. NLPF does not provide medical, dental, or clinical services and does not practice medicine or dentistry. All treatment decisions rest solely with licensed providers.
• Program Availability. Not all products are available in all jurisdictions. Eligibility is not guaranteed. Additional terms may apply via program agreements, order forms, or BAAs.

3) Eligibility & Accounts

You must be at least 18 years old, a human user (no bots or automated access, except for expressly authorized API integrations), and able to form a binding contract. You agree to:

• Provide truthful, accurate, and current information and keep it updated;
• Not impersonate any person or entity and not misrepresent your identity;
• Maintain a valid email address (and, where required, a valid mobile number) for account communications;
• Keep credentials confidential and be responsible for all activities under your account; and
• Notify us promptly of any unauthorized access or use.

Public areas of our sites/portals may be accessible to other users and discoverable by search engines or syndication tools. You should not post confidential information in public areas.

4) Merchant/Provider Responsibilities

You agree to: (a) use the Services in compliance with applicable laws (consumer finance, advertising, telemarketing, HIPAA where applicable, PCI where applicable); (b) provide accurate information to applicants and to us; (c) obtain and maintain all consents and notices required for your use of the Services; (d) maintain your own privacy/security policies and procedures; and (e) comply with card‑network, TCPA, CAN‑SPAM, and state privacy requirements where you initiate communications.

5) Consumer/Patient Responsibilities

You agree that information you submit is accurate and that we and our partners may obtain information from identity verification services and credit bureaus as part of pre‑qualification or application processes (including soft credit inquiries where applicable).

6) Fees, Billing & Taxes

Our standard pricing model for merchants/providers may include one or more of the following, as specified in your Order Form or Program Terms:

• Subscription Fees. Recurring monthly or annual fees for access to the platform, onboarding, and standard support.
• Platform/Program Fees. Per‑use or per‑transaction charges applicable to certain features or value‑added services.
• Success Fee (Funded Amount). A success‑based fee calculated as a percentage of the funded loan amount (or, for certain products, of the approved credit line upon activation). Unless your Order Form states otherwise, the Success Fee is earned upon funding/activation and is non‑cancellable and non‑refundable. You authorize us (or our designated processor) to collect the Success Fee at disbursement or to invoice you for prompt payment.
• Payment Processing. Where applicable, you authorize us to pass through card‑network/processor charges or to deduct such amounts from payouts.
• Taxes. You are responsible for all applicable taxes, duties, and governmental charges (excluding our income taxes).

Late/Delinquent Amounts. Past‑due balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law and may result in suspension of access after notice. Except where prohibited by law or expressly stated otherwise in the Order Form, fees are non‑cancellable and non‑refundable.

7) Third‑Party Services & Links

The Services may integrate with third‑party tools (e.g., payment processors, analytics, lending portals). We are not responsible for third‑party services; their terms and privacy policies govern their use.

8) Intellectual Property; License

We and our licensors own all rights, title, and interest in and to the Services, including the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components (collectively, “Service Content”). NextLevel Flex‑Fi, NextLevel Patient Financing, and associated logos, marks, and trade dress are trademarks/service marks of NLFF or its affiliates. All other trademarks are the property of their respective owners.

Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business purposes. You may not: (a) modify, copy, distribute, create derivative works of, publicly display, or exploit any Service Content except as expressly permitted in writing; (b) reverse engineer, decompile, or attempt to derive source code; (c) remove or obscure proprietary notices; (d) circumvent security or access controls; or (e) resell, sublicense, or time‑share the Services without our written consent.

Nothing in these Terms grants any rights in our IP by implication, estoppel, or otherwise. All rights not expressly granted are reserved.

9) Confidentiality

Each party may receive Confidential Information of the other. The receiving party will use the same care as it uses to protect its own confidential information (and at least reasonable care) and will not disclose it except to employees/contractors with a need to know, under obligations of confidentiality, or as required by law.

10) HIPAA & PHI (NLPF Only)

When NLPF acts as a Business Associate to a covered entity, the parties will execute a BAA, which governs the creation, receipt, maintenance, use, and disclosure of PHI. In the event of a conflict between these Terms and the BAA with respect to PHI, the BAA controls. Outside of the healthcare financing context, NLFF does not intend to receive PHI and you agree not to transmit PHI to NLFF.

11) Prohibited Uses

You shall not use the Services to: (a) violate laws; (b) infringe IP or privacy rights; (c) transmit malicious code; (d) scrape or harvest data without authorization; (e) engage in deceptive, misleading, or abusive practices; or (f) process PHI without a BAA in place (for healthcare providers).

12) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT APPROVAL RATES, FINANCING TERMS, OR UNINTERRUPTED/ERROR‑FREE OPERATION.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS/REVENUE/GOODWILL; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (i) US $10,000 OR (ii) THE FEES PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

14) Indemnification

You will indemnify, defend, and hold harmless NLFF, NLPF, and their affiliates, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of law; or (d) disputes with your customers/patients.

15) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to conflict‑of‑laws rules. Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Venue for hearings shall be Atlanta, Georgia. Class Action Waiver: You and we agree that any proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Injunctive Relief: Either party may seek injunctive relief in a court of competent jurisdiction to protect IP or Confidential Information.

17) Suspension; Termination

We may suspend or terminate access to the Services for cause, including for non‑payment, security risks, suspected fraud, or violations of these Terms. You may terminate per your order form or program terms. Upon termination, your right to access the Services ceases and certain sections survive (e.g., Fees, IP, Confidentiality, Disclaimers, Liability, Indemnity, Governing Law).

18) Changes to Terms

We may update these Terms. Material changes will be posted with an updated Effective Date. Your continued use after changes constitutes acceptance.

19) User Eligibility & Responsibilities

To access and use our Services, you must be at least 18 years old and legally capable of entering into a binding contract. By using the Services, you represent and warrant that all information you provide is accurate, complete, and current, and that you will maintain the security and confidentiality of your account credentials.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for:

• Maintaining updated contact and account information.
   
• Any activity that occurs under your login or account, whether authorized or not.
   
• Ensuring that any use of the Services complies with all applicable federal, state, and local laws, rules, and regulations, including any that apply to your industry or profession.
   

We reserve the right to suspend or terminate access to the Services if we believe that any information provided is inaccurate, misleading, or violates any law or these Terms.

20) E‑SIGN & Electronic 

Communications Consent

By using the Services and submitting applications electronically, you consent to do business electronically with us and participating lenders, including the use of electronic signatures, records, and disclosures. Electronic submissions have the same force and effect as ink‑signed originals. You consent to receive notices via the Services, email, and/or SMS/MMS (where applicable). You may withdraw consent where permitted by law, but doing so may impact your ability to use the Services. Print or save copies for your records.

21) U.S. PATRIOT Act Notice

To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each person and business that seeks a financial product. When you apply, you may be asked for name, address, Tax Identification Number, date of birth (for individuals), and other information to identify you, and you may be asked to provide driver’s license or other identifying documents. This notice may also be provided by participating lenders.

22) Equal Credit Opportunity Act (ECOA) Notice

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good‑faith exercised any right under the Consumer Credit Protection Act.

If your application is denied by a participating lender, that lender will provide an adverse action notice stating specific reasons for the denial or how to obtain them. If NLFF/NLPF is the decision‑maker for a particular product, you may request the reasons for adverse action by contacting us within 60 days at info@NextLevelFlexFi.com or by mail to One Atlantic Center, 1201 W. Peachtree St. NW, Suite 2300, Atlanta, GA 30309.

23) TCPA/Email Marketing Consent & Opt‑Out

By providing a mobile number or email, you consent to receive SMS/MMS, calls (including via autodialed), and emails from NLFF/NLPF and, where applicable, participating lenders or service providers, about your account, applications, updates, and promotional content. Message and data rates may apply. You may opt‑out of texts at any time by replying STOP (and HELP for help) and opt‑out of emails via the unsubscribe link. Your consent is not a condition of purchase or financing.

24) Public Areas; Search & Syndication

Some portions of our sites may be publicly accessible or visible to other users and may be indexed by search engines, metasearch tools, or syndication programs. Do not submit confidential information in public areas. We reserve the right to moderate or remove content that violates these Terms.

25) International Use; Export & Sanctions

Given the global nature of the internet, you agree to comply with all local laws regarding online conduct and acceptable content, as well as U.S. export control and sanctions laws. You represent that you are not located in a sanctioned jurisdiction and are not a denied or restricted party.

26) Additional Declarations for Loan/Merchant & Equipment Services

A) Loan/Merchant Services. You represent and warrant that information and documents you provide (including processor statements) are true, accurate, and complete and that you will promptly update us of any material changes. You authorize us and our assignees/service providers to (i) obtain investigative and credit reports; (ii) verify information with creditors, financial institutions, and references; and (iii) share information with participating lenders and assignees in connection with evaluating or servicing financing transactions. You waive and release claims arising from lawful information requests, receipt, or release as permitted by law.

B) Equipment Services. You certify that: (i) information provided is true and correct; (ii) we and our underwriters are authorized to investigate bank, credit, and trade references; (iii) such authorization extends to obtaining personal credit profiles for evaluation and ongoing account review or collection; and (iv) you are over 18 and submitting a request for business (not consumer) purposes.

27) Notices

We may provide notices by posting within the Services, by email, SMS/MMS (where permitted), or by mail to your last provided contact details. Notices by email are deemed given on transmission. You consent to the enforceability of these Terms and related notices in electronic form. You are responsible for keeping contact details current.

28) Entire Agreement; Order of Precedence

These Terms, the Privacy Policy, any order forms, program terms, and (if applicable) the BAA constitute the entire agreement regarding the Services. If there is a conflict, the following order prevails:
(1) BAA (for PHI matters);
(2) order form/program terms;
(3) these Terms;
(4) Privacy Policy.

29) Contact

NextLevel Flex‑Fi, LLC
dba NextLevel Patient Financing
Attn: Legal
Email (Flex‑Fi Legal): info@NextLevelFlexFi.com
Email (NLPF): contact@NextLevelPatientFinancing.com
Mailing Address:  One Atlantic Center
1201 W. Peachtree St. NW, Suite 2300
Atlanta, GA 30309