Terms and Agreements

Master Terms

Effective Date: November 2, 2026 | Last Updated: November 2, 2026 | Version: 1.0

1. Who we are, who these terms cover, and acceptance

1.1 Who we are. These Master Terms are between you and Aspen Holdings LLC, a California limited liability company doing business as Fund Capital America, FCA and FCA Policy Limits ("FCA," "we," "us").

1.2 Who "you" are. "You" means anyone who uses our website, portal, forms, phone lines, messaging, or any product or service from FCA, including Plaintiffs (people with a pending legal claim), Law Firms (attorneys and their staff), Funders (companies that provide or offer funding), Medical Providers, and other visitors and users.

1.3 Acceptance. You accept these terms when you check an acknowledgment box, click "Submit" or "I Agree," submit a request, application or referral, open an account, accept work or pay an invoice, or otherwise use our services. If you accept for a firm or company, you confirm you have authority to bind it. If you do not agree, do not use our services.

1.4 How the documents fit together. These Master Terms, the Product Terms schedule for the product you use, and the Privacy Policy together form our agreement with you. A schedule controls over these Master Terms for its own product. A written agreement signed by an Authorized Signator of FCA controls over both. A funding agreement between a Plaintiff and a Funder is a separate contract (Schedule A).

1.5 Changes. We may update these terms. The version in effect when you submit a request, application or referral governs it, and a posted change applies to later requests. We post material changes with a new "Last Updated" date and keep earlier versions available on request.

1.6 Eligibility. You must be at least 18 (or the legal age in your state) or a legally authorized representative, and must not be barred from our services by law. Attorneys must be licensed in at least one U.S. jurisdiction and in good standing.

2. What FCA does

2.1 Our business. FCA is a legal-funding and case-support company for people with pending legal claims, the law firms and legal staff that represent them, medical providers, and the funders and providers who serve them. Our business includes: (a) direct funding, where the law allows and where FCA holds any required license or registration or an exemption; (b) referring cases to independent Funders and other providers; (c) operating a funding platform on which independent Funders may review cases and make offers; and (d) providing products and services to law firms and others, as listed below, each described in Part 2.

Financial Services are the funding products. Case Support Services are the services FCA performs for law firms and others to support a case. They work differently, and different rules apply to each: for example, Financial Services are subject to the funding rules, the role notice and the no-inducement rules in Schedule A, and Case Support Services are fee-for-service products FCA sells and delivers through its own staff and paid independent providers.

2.2 Direct funding. FCA may fund a case directly only where the law permits and where FCA is licensed, registered or exempt as required. FCA currently considers direct funding only in California, and even there FCA may instead refer a case or place it on the platform (Schedule A-1.3). Outside California FCA does not fund. A direct funding is made under the written funding agreement and applicable state law, including California's consumer legal funding law (Bus. & Prof. Code, Art. 17) where it applies.

2.3 Referrals and the funding platform. FCA may refer a case to one or more independent Funders, or allow Funders to review it on the platform and make offers. Funders make their own decisions, are responsible for their own licenses, registrations and compliance, and are named in the funding agreement the Plaintiff signs. FCA also refers cases that do not meet FCA's own funding criteria, or a state's limits on direct funding, to Funders and providers that may be able to help.

2.4 Both roles, disclosed. Because FCA may be a Funder, a referral source and the operator of the platform, FCA tells each Plaintiff and attorney of record in writing, before signing, who the Funder is, whether FCA is the Funder, and whether FCA is paid by a third-party Funder in connection with the funding.

2.5 Our right to decline. FCA may, at its sole discretion and at any time, decline to fund, decline to refer, decline to accept, pause, withdraw or end any request, application, referral, case, account or service, with or without giving a reason, including where a case is outside our or a Funder's criteria. Declining is not a breach and creates no liability. FCA is not required to refer a case to any particular Funder, or to any Funder at all, or to keep a case on the platform.

2.6 Not a law firm; no advice. FCA is not a law firm. Its services are business and case-support services, not legal services, and FCA does not give legal, tax, insurance, medical or financial advice. Nothing we say or publish is advice. Talk with your own attorney and advisers. FCA does not direct legal strategy, settlement decisions, the choice or replacement of counsel, or medical treatment.

2.7 No creation of other relationships. The parties are independent contractors. These terms do not create a partnership, joint venture, agency, employment, fiduciary or attorney-client relationship.

3. Third parties decide; FCA facilitates

3.1 Third-party decisions. Every decision belongs to the third party that makes it, including a Funder, Law Firm, Medical Provider, vendor or other service provider: whether to take part, whether to make an offer or provide a service, on what terms, and how long it takes. FCA is not involved in those decisions, does not control or predict them, and is not responsible for any decision, refusal, delay, change of terms, or the quality or result of any third-party service.

3.2 FCA passes along requests. Our role is to pass along requests, information and opportunities so a third party can decide whether to provide a service. A request is not a promise that anyone will say yes. If a third party declines, does not respond or withdraws, FCA has no duty to find another, repeat the request or compensate anyone.

3.3 Information is not verified. FCA receives and relays information from Plaintiffs, Law Firms, Funders and others as it is given, in both directions. FCA does not verify, audit or guarantee that information. Each party is responsible for its own statements, documents and representations, and must check what matters to it directly with the other party and its own advisers. FCA is not responsible for another party's errors, omissions or misstatements, or for decisions made relying on them. This does not limit FCA's responsibility for its own conduct or for information FCA itself creates.

3.4 Funders' licenses. Each Funder tells FCA which states it can fund in, and FCA relies on that statement. Except where FCA is itself the Funder (Schedule A-2), FCA does not verify any Funder's license or registration and does not guarantee that a Funder is authorized in any state. Each Funder is responsible for funding only where it is authorized.

3.5 No guarantees of timing or results. Approval, amount, pricing and timing are not guaranteed. Statements about speed, such as funding "within 24 hours of approval," describe a possible timeline only and depend on attorney cooperation, complete documents and the third party's review.

3.6 Providers and subcontractors. FCA may use independent vendors, investigators, process servers, record retrievers, linguists and research providers, and pays them, to deliver its Case Support Services. This is separate from Financial Services, where FCA pays nothing to attorneys, law firms, medical providers or others the law bars for a case it refers (Schedule A-1.9). Unless a signed agreement says otherwise, FCA chooses them, customers may not select or contact them to avoid FCA's fees, and what a vendor finds or does is passed along as received (Section 3.3). FCA is responsible to its customer for its own services, as the product schedule states, and not for a vendor's independent decisions.

3.7 Medical and other service providers. FCA helps connect customers with Medical Providers and other service providers, and is not responsible for their services, decisions, billing, liens, records, timing or results. They are independent. FCA's role is to facilitate introductions, scheduling and marketing, and FCA is not responsible for them beyond its own statements and conduct.

4. No agreement unless signed

4.1 Only signed agreements bind FCA. FCA makes no agreement, promise, commitment or guarantee, verbal or written, unless it is in a written agreement signed by an Authorized Signator of FCA with the consumer, Plaintiff, Law Firm or other party. Statements by FCA employees, emails, texts, call notes, web pages and marketing materials are not agreements and are not promises about approval, amount, pricing, timing or results.

4.1A What "signed" means. A written agreement is "signed by FCA" only if it is a document (paper or electronic) that identifies the parties and the terms and is signed, by hand or by electronic signature, by an Authorized Signator of FCA, meaning an owner or manager of FCA or another person FCA has designated in writing as an Authorized Signator. No other employee, including intake, processing, case-management and sales staff, is authorized to sign for FCA unless FCA has designated that person in writing as an Authorized Signator for that kind of agreement. A funding agreement in which FCA is the Funder (Schedule A-2), and a written pricing agreement, are examples. An email, text, chat, call, voicemail, portal message, quote, price list, product page, invoice or confirmation is not "signed by FCA" unless it is attached to or expressly made part of a document that is. Your own acceptance of these terms, by checking a box, clicking "I Agree" or signing, does not by itself create any promise by FCA.

4.2 FCA is not a party to others' contracts. FCA is not a party to a funding agreement or any other agreement between you and a third party unless FCA signs it as a party, as it does when it is the Funder (Schedule A-2).

5. Your responsibilities

5.1 Accurate information. You must give true, complete and current information, tell us promptly if anything changes (for example a new attorney, a settlement, a bankruptcy or other funding), and have the authority and any consent needed to give it to us.

5.2 Accounts and security. Keep login details confidential. You are responsible for activity under your account and for your staff's access.

5.3 Prohibited conduct. You will not: give false, misleading or fabricated information or impersonate anyone; submit a claim you have no authority to submit or that is not real; offer, request or accept a referral fee, kickback or other improper consideration; use information for a purpose other than the one it was given for; scrape, probe or overload our systems or bypass security; or violate any law, court order or professional rule.

5.4 No inducements. FCA does not give, and does not accept, a commission, referral fee, rebate or other thing of value to or from any attorney or law firm, or their employees or agents, in connection with referring a Plaintiff or a case for funding, or with a funding itself. A Law Firm pays FCA nothing for a referral or a funding. FCA pays nothing to any attorney, law firm, medical provider, or their employees or agents, or to anyone else the law bars, for a case it refers for funding, and is paid only if the case is funded. FCA may pay its own employees and brokers where the law allows, and no part of that pay may go to anyone just named. Fees a Law Firm pays FCA are fees for the Case Support Services FCA actually provides (Schedules B to E), charged on all matters whether or not any Financial Service is involved, and are never conditioned on, discounted for or credited against any referral or funding. Modest promotional items and refreshments FCA offers at office visits or events are not given in connection with, or conditioned on, any referral, funding or request, and do not change any price or term. FCA does not pay, and does not accept, a fee for each patient, case or referral from a medical provider. FCA's fees from funders and medical providers are described in Sections 6.3 and 6.4.

5.5 Reports and results: internal use only. Every report, result, finding, record or other work product FCA or its providers deliver (a "Report") is for the customer's own use in the matter it was ordered for. The customer will not share a Report with any opposing party, meaning a party adverse to the customer or its client in the matter, that party's counsel or insurer, except as needed for the matter (for example in a demand, litigation or settlement), and will not resell, license, redistribute, post publicly, use in marketing, or add it to a database or product for others, without FCA's written permission. The customer may disclose a Report to its client, its staff, co-counsel, experts and the court, and where a law, court order, discovery obligation or rule of professional conduct requires it. FCA may disclose a Report where the law requires.

5.6 You keep responsibility for your matter. Law Firms and other customers remain responsible for their own professional judgment and duties, for statutes of limitation and court and demand deadlines, for checking and verifying anything FCA or its providers deliver before relying on it, and for deciding how to use it. FCA's services support that work and do not replace it.

6. Fees and payments

6.1 Plaintiffs. FCA charges no Plaintiff a fee to apply or to have a case reviewed. Charges arise only under a written funding agreement, and the funding agreement states every charge and the maximum repayment before signing.

6.2 Law Firms and other customers. Fees for Case Support Services are in the product schedule, price list or signed pricing agreement. Fees are in U.S. dollars. Prices may change when posted or notified and apply only to later requests. Payment terms, late fees and card surcharges are in the schedule for the product.

6.3 Funders. On a case an independent Funder funds, FCA may be paid by the Funder, afterwards and separately, for brokering the deal and providing administrative work. The role notice (Schedule A-1.5) tells the Plaintiff and attorney before signing that FCA is paid, and the funding agreement itemizes any fee it charges the Plaintiff. The Funder is always named in the funding agreement. No fee goes to an attorney, law firm or medical provider, and none is charged to a Law Firm. This does not apply to a case FCA funds itself.

6.4 Medical providers and marketing entities. FCA provides marketing and concierge services to medical providers and related entities ("Medical Providers") and may receive monthly or other fixed marketing fees from them. Those fees pay for marketing, listing and administrative services. They are not a payment for any patient, case or referral, do not depend on how many patients or cases are sent to the provider, and do not affect which provider FCA suggests. FCA tells the patient and the attorney, before an appointment, that Medical Providers pay FCA for marketing.

6.5 Taxes. Fees do not include sales, use or similar taxes. Each party is responsible for its own taxes, except taxes on FCA's income.

7. Intellectual property, disclaimers and limits of liability

7.1 Our property. FCA and its licensors own the website, software, forms, price lists and content. You receive a limited, revocable, non-transferable license to use them for their intended purpose. You keep ownership of information you submit and give FCA a license to use it as these terms and the Privacy Policy describe.

7.2 Disclaimer. Our website, platform, products and services are provided "as is" and "as available." To the fullest extent the law allows, FCA disclaims all warranties, including merchantability, fitness for a particular purpose, accuracy, timeliness, and uninterrupted or error-free operation.

7.3 Limits for business users. To the fullest extent the law allows, FCA is not liable to Law Firms, Funders or other business users for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost settlement opportunities or lost claims. FCA's total liability for any claim about a product or service, whether it arises in contract, negligence or otherwise, is capped at the fees paid to FCA for the specific request, product or service that caused the claim, and FCA has no liability for the acts or omissions of independent providers it did not control.

7.4 Consumers. Nothing in these terms limits a consumer's rights under consumer-protection or consumer legal funding laws, or any liability that cannot be limited by law, such as for fraud or willful misconduct.

7.5 Time limit. To the extent the law allows, a business user must bring a claim against FCA within one year after it arises.

8. Indemnity, suspension and ending

8.1 Indemnity by business users. Law Firms and Funders will defend and indemnify FCA, its owners, officers, employees and agents against third-party claims, losses and reasonable attorneys' fees arising from their breach of these terms, violation of law or professional rules, false or misleading information, misuse of results or information, or (for Funders) their licensing, funding agreements, pricing, servicing and collection.

8.2 Suspension and ending. FCA may suspend or end any account or service at any time, with or without notice. You may stop using our services at any time; ending does not cancel fees already incurred or a signed funding agreement. Sections that by their nature should continue, will.

9. Disputes and governing law

9.1 Talk to us first. Contact us in writing about a dispute. Both sides will try in good faith for 30 days to resolve it before starting a claim.

9.2 Governing law. California law and applicable federal law govern these terms. For a funding agreement, the agreement and the consumer legal funding law of the state it names govern.

9.3 Business users: arbitration. Disputes between FCA and a Law Firm, Funder or other business user are decided by binding arbitration administered by JAMS, before one arbitrator, seated in Los Angeles County, California. Either side may use small claims court, or seek court relief to protect confidential information or intellectual property. Business users waive trial by jury and class or representative claims, to the extent the law allows. The prevailing party in a fee-collection dispute may recover reasonable attorneys' fees and costs where the law allows.

9.4 Consumers. These Master Terms do not require a consumer to arbitrate. Consumer disputes are governed by California law and by the dispute terms in the funding agreement, and nothing in this Section 9 limits a consumer's rights under law.

9.5 Venue. Any court action permitted above will be brought in the state or federal courts in Los Angeles County, California, unless the law requires another venue.

10. General

10.1 Entire agreement. The Master Terms, the product schedule, the Privacy Policy, any signed pricing agreement and the request confirmation are the entire agreement about our services and replace earlier discussions. No verbal or other written statement binds FCA unless signed under Section 4.1.

10.2 Notices. We may give notice by email, through the portal, or by posting on our website. Notices to FCA go to the address below.

10.3 Electronic records. You agree to do business electronically. Electronic signatures and records are as valid as paper (see the Privacy Policy, Section 10).

10.4 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, but fees already owed must still be paid.

10.5 Assignment. You may not assign these terms without our written consent. FCA may assign them to an affiliate or successor. A Plaintiff's rights under a funding agreement are not affected by an assignment.

10.6 Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent needed and the rest stays in effect. A waiver must be in writing.

10.7 State notices and language. Some states give additional rights or require additional notices; they appear in the funding agreement for that state. We offer Spanish materials on request. If you need these terms in another format, contact us.

10.8 Contact. Aspen Holdings LLC, doing business as Fund Capital America, 1033 Gayley Ave, Suite 113, Los Angeles, CA 90024. Email: info@fundcapitalamerica.com. Phone: (855) 870-2274. Hours: Monday to Sunday, 8:00 AM to 6:30 PM Pacific.

Other terms

• Cash Advances
• Policy Limits
• Investigations
• Medical Records
• Language Services
• Medical Legal Funding and MedConnect
• Legal Funding for Attorneys
• Privacy Policy

Questions: info@fundcapitalamerica.com or (855) 870-2274, Monday to Sunday, 8:00 AM to 6:30 PM Pacific.