1. Acceptance and Scope

These Terms of Use (“Terms”) govern your access to and use of ladderpay.ai, the LadderPay borrower portal, and related online services (together, the “Site”), operated by Wurthy Services, LLC, a Delaware limited liability company, doing business as LadderPay (“LadderPay,” “we,” “us”). By using the Site or creating an account, you agree to these Terms. If you do not agree, do not use the Site.

These Terms do not modify your Retail Installment Contract. If you have entered into a Retail Installment Contract (“RIC”) with a merchant, that contract — not these Terms — governs your payment obligations, fees, and rights regarding your purchase. If these Terms conflict with your RIC, the RIC controls. Merchants’ use of the LadderPay platform is governed by the LadderPay Merchant Terms of Service, not these Terms.

2. Who We Are

LadderPay provides the technology platform through which merchants offer retail installment contracts and through which those contracts are serviced. LadderPay is not a lender, not a bank, and not the seller of the goods or services you purchase. The merchant identified in your RIC is the seller-creditor. LadderPay acts as the merchant’s authorized servicing agent: we process payments, deliver statements and notices, and operate the portal where you manage your plan.

3. Eligibility and Your Account

You must be at least 18 years old (or the age of majority in your state) and a U.S. resident to use the Site. You are responsible for maintaining the security of your login credentials and for all activity under your account. Access links (including sign-in links sent to your email) are for your use only — do not share them. Notify us immediately at support@ladderpay.ai if you suspect unauthorized access. We may suspend access to protect you or the platform.

4. The Portal

Through the portal you can view your balance, payment schedule, and payment history; make payments (including partial, past-due, and payoff payments); manage autopay and payment methods; request payoff quotes; download statements, receipts, and your contract; and submit requests such as payment date changes or hardship assistance (which are decided by your merchant, not LadderPay). We aim to keep the portal accurate and available at all times, but information displayed in the portal does not replace the official records of your account. If you believe something displayed is wrong, contact us and we will investigate.

5. Payments

Payments made through the Site are processed by third-party payment providers under the authorization in your RIC. A payment is not complete until it settles. If a payment fails or is returned, the terms of your RIC (including any returned-payment fees and retry rights) apply. Nothing in these Terms changes when your payments are due. We do not hold your funds as a bank; funds move through regulated payment partners.

6. Electronic Communications

Your consent to receive communications electronically is part of your RIC (Section 14) and the electronic consent you completed at checkout. These Terms do not change that consent or how you may withdraw it. Text messaging is governed by the LadderPay Text Message Terms, available at ladderpay.ai/sms-terms.

7. Acceptable Use

You agree not to: (a) use the Site for any unlawful purpose; (b) access or attempt to access another person’s account or data; (c) interfere with, probe, scan, or test the vulnerability of the Site or circumvent its security or access controls; (d) scrape, harvest, or copy data from the Site by automated means; (e) upload malicious code; or (f) misrepresent your identity. We may suspend or terminate Site access for violations. Suspension of Site access does not change your RIC obligations — and we will always provide you a way to make payments and obtain account information through other channels (email, phone, or mail).

8. Intellectual Property

The Site, including its software, design, text, and trademarks (including LadderPay and the rung/ladder marks), is owned by LadderPay or its licensors. We grant you a limited, personal, non-transferable license to use the Site to manage your account. You retain ownership of the information you submit; you grant us the right to use it to operate the Site and service your account, as described in our Privacy Policy.

8A. Deidentified Data Program

As described in our Privacy Policy, LadderPay may prepare and commercially use information that has been deidentified so it cannot reasonably identify, be linked to, or be used to infer information about you or your household and does not identify your merchant. Qualifying data may include individual and longitudinal financial or payment records as well as summaries and statistics; removing a name alone is insufficient. We may sell, license and permit controlled onward licensing of qualifying data to commercial customers, intermediaries, researchers and AI developers, including for training, fine-tuning, evaluating and commercializing AI and foundation models and related products. We require applicable deidentification protections from recipients and do not authorize reidentification or reconstruction of protected source information.

Preparation involving identifiable information will occur only where our actual source permissions, applicable law, notices and any required specific authorization permit that use. This Section does not expand a limited servicing, bank-connection or credit-report permission by itself. If your specific authorization is needed, we will request it through a lawful recorded process before using the affected information for the program. Your merchant's election, acceptance of these Terms, payment authorization, electronic-delivery consent or marketing consent does not substitute for that required authorization. Declining or withdrawing an optional data authorization does not change your RIC, payment obligations or access needed to service your account.

The Privacy Policy and any required authorization explain the historical and future information covered, withdrawal and continuing uses. Unless expressly agreed in writing or required by law, no contribution payment, royalty, revenue share or other compensation is owed for permitted program use. Subject to applicable law and source permissions, qualifying outputs lawfully completed and validated before receipt of a relevant withdrawal may continue to be used and newly licensed, and permitted model uses may continue. Identifiable records remain subject to applicable retention and deletion requirements, and unlawful or unauthorized uses are not preserved.

9. Third-Party Services

The Site uses third-party services, including bank connection (Plaid) and payment processing providers. Your use of those services may be subject to their own terms and privacy policies, which will be presented to you where applicable. LadderPay is not responsible for third-party services, but we will assist you in resolving issues that affect your account.

10. Disclaimers

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY LAW, LADDERPAY DISCLAIMS ALL WARRANTIES REGARDING THE SITE, EXPRESS OR IMPLIED. THIS DISCLAIMER APPLIES ONLY TO THE SITE AS A TECHNOLOGY SERVICE. IT DOES NOT LIMIT ANY OBLIGATION OWED TO YOU UNDER YOUR RIC, ANY DUTY WE HAVE AS SERVICER UNDER APPLICABLE LAW, OR ANY RIGHT YOU HAVE UNDER FEDERAL OR STATE CONSUMER PROTECTION LAW THAT CANNOT BE WAIVED.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, LADDERPAY’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND LADDERPAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS LIMITATION DOES NOT APPLY TO: (A) CLAIMS ARISING UNDER YOUR RIC; (B) LADDERPAY’S ERRORS IN PROCESSING OR APPLYING YOUR PAYMENTS, WHICH WE WILL CORRECT IN FULL; (C) LADDERPAY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Disputes

Disputes about your RIC or your account (payments, fees, servicing, collection, credit reporting) are governed by the dispute resolution provision in your RIC, including its arbitration provision, opt-out right, and state-law override. These Terms do not add to, subtract from, or restart any deadline in that provision.

Disputes solely about the Site (these Terms, Site content, or Site availability) will be resolved in the courts of your state of residence. Any claim must be brought within the shortest period permitted by applicable law.

13. Changes and Termination

We may update these Terms by posting a revised version with a new effective date; material changes will be notified to you by email or portal notice before they take effect. Continued use of the Site after the effective date constitutes acceptance. We may discontinue Site features, provided that you will always retain a way to view your account, make payments, and receive legally required communications. Posting a change or continuing to use the Site does not provide a specific data authorization where one is required by applicable law or an earlier binding promise. We will obtain any such authorization through a lawful recorded process before the affected new use begins.

14. General

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to Section 12A of your RIC where applicable.

15. Contact

LadderPay (Wurthy Services, LLC, doing business as LadderPay) — 2021 Fillmore St #1224, San Francisco, CA 94115 — support@ladderpay.ai — (415) 234-3881. For privacy requests: privacy@ladderpay.ai.