Terms of Use

Please read this document carefully and save or print a copy for your records.

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Eos Loan’s (“Eos Loan,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of: https://eosloan.com (the “Websites”); the Eos Loan application (the “App”); other systems maintained by us and/or our affiliates (“Eos Systems”); and the services made available through them (the “Services”). The Websites, App, Eos Systems, and Services are collectively the “Platform.”

1. ACCEPTANCE OF THE TERMS OF USE

By accessing or using our Platform, you (the “User” or “you”) — whether a consumer seeking financing (a “Customer”), a contractor, manufacturer or distributor (a “Contractor”), a Client Representative, a Financier Representative, or an Eos Loan representative — confirm that you have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy.

Eos Loan is a brand of EOS Solar Inc, a Texas corporation, NMLS #2744537. Eos Loan’s role. Eos Loan may act in two distinct roles: (i) as the direct lender/creditor (a “Direct Loan”), in which case EOS Solar Inc d/b/a Eos Loan originates your loan and provides the Truth-in-Lending and other disclosures required by law; or (ii) as a technology platform that refers you to one or more third-party financing sources (“Financiers”). The role that applies to a given transaction is identified in your loan documents. Where Eos Loan extends a Direct Loan, your Loan Agreement and the disclosures provided at or before closing (including the Truth-in-Lending disclosure) govern the credit transaction and control over these Terms of Use to the extent of any conflict.

For transactions in which Eos Loan is not the lender, the Customer acknowledges that Eos Loan may oversee and coordinate the release of funds from the Financier in connection with the agreement between the Customer and the Contractor, may assess such agreements and audit milestone deliveries, and may contact the Customer to confirm the services requested. Compensation for the Contractor’s services is governed by the contract between the Customer and the Contractor.

Customer and Contractor agree that Eos Loan may collect, through its Platform, bank-account information in order to carry out ACH collection and escrow/servicing as set forth in the applicable ACH Authorization. Any information you submit through the Platform for the purpose of generating a proposal may be shared with Financiers solely to provide the Services. We direct your attention to Section 16 (Arbitration Agreement & Dispute Resolution), Sections 15–17, and the limitation of liability and dispute-resolution provisions below.

2. CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use without prior notice and will notify you of changes through the Platform. Your continued use of the Platform after we post changes means you accept them.

3. THE PLATFORM IS FOR INDIVIDUALS 18 YEARS OF AGE AND OLDER

The Platform is intended solely for natural persons 18 years of age or older. By using the Platform, you represent that you are at least 18 and will abide by these Terms of Use.

4. PLATFORM USE RESTRICTIONS

Without our prior written consent, you may not: use automated means (robots, spiders, scrapers) to access the Platform or collect information; frame the Platform or place pop-ups over it; engage in screen- or database-scraping; use the Platform in any manner that violates law or that could impair the Platform or interfere with others’ use; access or monitor the Platform for benchmarking or competitive purposes; reverse engineer or attempt to access source code; bypass security devices; transmit unlawful or injurious material or malware; remove proprietary notices; infringe intellectual-property or other rights; or otherwise use the Platform beyond the authorization granted here. You must protect the confidentiality of your user ID and password, are responsible for activity under your account, and agree to defend and indemnify Eos Loan against claims arising from your breach or unauthorized account use. We may terminate or disable your access for any reason.

5. USER REPRESENTATIONS

You represent and warrant that materials you submit will not violate third-party rights or be unlawful; you agree to terminate any pre-existing relationship with a Financier before using the Platform and to correspond with the Financier only through your Eos Loan account; and you will not register multiple accounts without authorization, impersonate any person, post others’ private information without authorization, transmit malware, use another’s account, or make false statements. Your use of the Platform is an acknowledgment that you will abide by applicable consumer-lending regulations, including the Equal Credit Opportunity Act (“ECOA”) and the prohibition on Unfair, Deceptive, or Abusive Acts or Practices (“UDAAP”).

6. INFORMATION POSTED THROUGH THE PLATFORM

All content made available on or through the Platform (the “Eos Loan Content”) is the property of Eos Loan or its Clients or Financiers and may not be modified, copied, distributed, or reproduced without prior written permission. You are responsible for the information you post, agree to provide accurate and current information, and agree to notify us of changes affecting your eligibility to use the Platform.

7. CONSENT TO ELECTRONIC RECORDS AND COMMUNICATION

Your consent to receive records and disclosures electronically and to use electronic signatures is governed by our Electronic Signatures, Communications and Records consent, which is the controlling E-SIGN consent and is incorporated by reference. As summarized there and here, “Electronic Records” include disclosures, agreements, account information, notices, and statements provided electronically, including disclosures under ECOA/Regulation B; the ESIGN Act; the Truth in Lending Act/Regulation Z; the Gramm-Leach-Bliley Act/Regulation P; and other applicable law. You may withdraw consent or request paper copies as described in that consent; withdrawal does not affect the validity of records previously provided.

8. CONSENT TO BE CONTACTED

To the extent required by applicable law, we make the proper disclosures and obtain consent when collecting your contact information. You are not required to provide a mobile number as a condition of credit and may withdraw consent to automated marketing communications at any time, as described in our Privacy Policy.

9. THIRD-PARTY SERVICES; CREDIT INQUIRIES; AUTOMATED DECISIONING

As part of your application, Eos Loan (or, where applicable, its lending partner) will conduct a soft credit inquiry that does not affect your credit score. If your application proceeds, a hard inquiry may be obtained before closing. If a lender denies you credit based on a consumer report, you will receive notice of that decision as required by law.

Automated decisioning and alternative data. We use automated processes and statistical or machine-learning models, together with information from consumer reporting agencies and additional (“alternative”) data sources, to verify identity and evaluate applications. With your authorization, alternative data may include bank-account and cash-flow information obtained through a data-aggregation provider and rent, utility, telecommunications, and similar payment data. If we take an adverse action based in whole or in part on a consumer report or credit score, we will provide the notices required by ECOA and the Fair Credit Reporting Act, including the specific principal reasons — see our FCRA Disclosure and Credit Authorization.

You consent to Eos Loan providing your contact information to third-party providers as appropriate to deliver the Services.

10. INTELLECTUAL PROPERTY

All pages, features, and content of the Platform and any downloadable material are the property of Eos Loan or its licensors and are protected by U.S. and international copyright and trademark laws. The Eos Loan name, logos, and trade dress are trademarks of Eos Loan and may not be used without prior written permission. Any feedback you provide becomes the property of Eos Loan. Copyright complaints may be submitted to us under the Digital Millennium Copyright Act with the information required by 17 U.S.C. § 512.

11. THIRD-PARTY LINKS & APP STORE

The Platform may contain links to, or advertisements for, third parties (“Third-Party Links & Ads”), provided for your convenience; we do not control or endorse them and you use them at your own risk. When you download our App through a third-party application store (“App Store”), these Terms are between you and us, not the App Store owner; we are solely responsible for the App, and the App Store owner is a third-party beneficiary entitled to enforce these Terms as to your license of the App. You represent that you are not located in an embargoed country, not on a U.S. government restricted-party list, and not a person to whom the EU GDPR applies.

12. DISCLAIMERS

We may change or discontinue the Platform at any time without notice. THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Eos Loan does not warrant that access will be uninterrupted or error-free or that files will be free of harmful components. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM.

13. LIMITATION OF LIABILITY REGARDING USE OF THE PLATFORM

EOS LOAN, ITS CLIENTS, AND ITS FINANCIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION IS TO STOP USING THE PLATFORM. TO THE EXTENT THESE LIMITATIONS ARE NOT ENFORCEABLE, EOS LOAN’S MAXIMUM AGGREGATE LIABILITY WITH RESPECT TO YOUR USE OF THE PLATFORM IS $100. Nothing in these Terms limits any non-waivable right or remedy you may have under applicable consumer-protection law as the direct lender provisions and Section 15 describe.

14. EXTERNAL SERVICES

The Platform may enable access to Eos Loan’s and third-party services and websites (“External Services”), which you use at your sole risk. Data displayed by External Services is for general information only and is not guaranteed. Eos Loan may change, suspend, or remove access to External Services at any time.

15. DISPUTES, GOVERNING LAW, VENUE, AND JURISDICTION

To the extent the parties may initiate litigation in a court, both you and Eos Loan agree that these Terms of Use are governed by Texas law, and that jurisdiction and venue for any proceeding arising out of or relating to these Terms or your use of the Platform are in Harris County, Texas, except as provided in Section 16 (Arbitration).

Provided, however, that (a) where Eos Loan is the direct lender, the governing-law and venue provisions of your Loan Agreement control as to the credit transaction; and (b) nothing in these Terms of Use limits, waives, or supersedes any consumer-protection right or remedy available to you under the laws of the state in which you reside (including, where applicable, Massachusetts or Florida) that cannot be waived by agreement, nor requires you to bring or defend a claim in a forum prohibited by such laws.

16. ARBITRATION AGREEMENT & DISPUTE RESOLUTION

Please read this Arbitration Agreement carefully; it affects your rights. Except for claims that qualify for small-claims court and Eos Loan’s claims for equitable relief to protect intellectual property, any dispute relating in any way to your access or use of the Platform or your relationship with Eos Loan will be resolved by binding arbitration on an individual basis, and not in court. This Arbitration Agreement is governed by the Federal Arbitration Act. Arbitration will be administered by JAMS under its rules, including the JAMS Consumer Arbitration Minimum Standards; we will reimburse filing fees for claims under $10,000 unless the arbitrator finds them frivolous. The arbitrator decides the rights and liabilities of you and Eos Loan; claims may not be consolidated or brought as a class action; and you and Eos Loan waive the right to a jury trial. If the class-action waiver is found unenforceable, the dispute will proceed in court under Section 15. This Section 16 does not apply to Clients, Client Representatives, Financiers, or Financier Representatives.

Military Lending Act — Covered Borrowers. Notwithstanding anything to the contrary in this Section 16 or elsewhere in these Terms of Use, this Arbitration Agreement and the class-action and consolidated-action waivers do not apply to, and shall not be enforced against, a “covered borrower” as defined under the Military Lending Act (10 U.S.C. § 987 and 32 C.F.R. Part 232). No provision of these Terms of Use shall be construed to waive, limit, or contradict any right or protection afforded to covered borrowers under the Military Lending Act, and any such provision is void to that extent.

17. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify and hold harmless Eos Loan, its parents, subsidiaries, affiliates, and their officers, agents, and employees from any loss, liability, claim, or expense (including reasonable attorneys’ fees) arising out of your use of the Platform, your violation of these Terms of Use, or your other actions.

18. SURVIVAL

Sections that by their nature should survive termination of these Terms of Use survive in accordance with their terms.

19. REMEDIES CUMULATIVE

Each of Eos Loan’s rights and remedies under these Terms of Use, at law, and in equity is cumulative, and the exercise of one does not impair any other.

20. PROVISIONS RELATING TO CLIENT REPRESENTATIVES AND FINANCIER REPRESENTATIVES

Business Sources (Client Representatives, Financier Representatives, or Eos Loan representatives) agree to confidentiality, non-solicitation/non-circumvention during the applicable restriction period, independent-contractor status, and compliance with applicable laws, licenses, and taxes, as set out in this Section.

21. GENERAL

If any provision of these Terms of Use is held unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. These Terms of Use, together with the documents referenced herein, constitute the entire agreement between you and Eos Loan regarding the subject matter. Please print a copy for your records.

22. ENERGY DATA, SYSTEM OPERATION & VIRTUAL POWER PLANT (VPP)

(a) Energy and device data. With your consent, Eos Loan and its service providers collect and process data from the financed battery, energy-storage system, EV charger, or related equipment (the “System”), including state of charge, charge and discharge activity, energy production, storage and consumption, operating modes, device identifiers, firmware status, fault and performance data, and associated grid and meter signals (“Energy Data”), used to operate and optimize the System, verify the financed asset, enable the services below, support underwriting and servicing, and improve our products, in accordance with our Privacy Policy.

(b) Authorization to operate and to enroll. You authorize Eos Loan and its designated operator(s) and aggregator(s) (e.g., Flip and the applicable VPP/utility program administrators) to remotely monitor and operate the System — including initiating charge and discharge and changing operating modes — and to enroll the System in virtual power plant, demand-response, and other grid or energy programs (“Energy Programs”) where available and where you have opted in. You may select or change your operating preference (for example, Backup, Savings, or VPP) and may opt out of Energy Programs at any time through the App or by contacting us, subject to program rules and notice periods.

(c) Economics. Participation in Energy Programs may produce payments, bill credits, or savings. Participation may affect the energy available for your own use or backup at a given time. Eos Loan may receive a share of Energy Program revenue. Your operating preferences and program enrollment do not change the payment terms of your loan, and you remain responsible for your loan regardless of System performance or Energy Program results.

(d) Asset verification; security. Energy Data is used, among other things, to verify the existence, location, and condition of the System. Whether your loan is secured by the System depends on your state and product: in Texas, your loan may be secured by a security interest in the System, which we may perfect by filing a UCC-1 financing statement; in Massachusetts and Florida, your loan is unsecured and the System is not pledged as collateral. The authorizations in this Section apply whether or not your loan is secured.

(e) Additional and separate agreements. Your Loan Agreement, any security agreement (where your loan is secured), or a separate System or services agreement you enter into may contain additional terms governing the System — including its configuration, operation, monitoring, availability, and the consequences of nonpayment or default. Those terms are set out in, and governed by, those documents; this Section does not limit them.

23. INVESTOR INFORMATION; NO OFFER OR SOLICITATION

(a) No offer; no general solicitation. Information about Eos Fund LLC or any investment opportunity that may appear within the Platform is for general information only and is not an offer to sell, or a solicitation of an offer to buy, any security. Any securities offering by Eos Fund LLC is made solely under Rule 506(b) of Regulation D, only to investors with whom the fund or its representatives have a substantive, pre-existing relationship, and only by means of the fund’s confidential Private Placement Memorandum and Subscription Agreement (the “Offering Documents”), which contain the complete terms and risk factors and control over any information appearing on the Platform.

(b) Eligibility and access. Access to investor features and to the Offering Documents is restricted to registered investors whose status — including accreditation and, where applicable, KYC/AML and sanctions screening — has been verified. The public Eos website does not offer or sell securities. Nothing in the Platform is investment, legal, or tax advice. Target returns, NAV, distributions, and similar statements are estimates, are not guaranteed, and are subject to the risks described in the Offering Documents.

24. SERVICING AND ASSIGNMENT

We may sell, assign, or transfer your loan, any receivable arising from it, and the related servicing rights (including to Eos Fund LLC or another purchaser) at any time, in whole or in part. Where servicing of your loan is transferred, you will receive notice as required by applicable law, including where to send payments. Your obligations and protections under your Loan Agreement and applicable law continue following any sale, assignment, or servicing transfer.

25. PAYMENTS, CARDS, AND AUTOPAY

Payments under your loan and for related services are processed by our payment processor (Stripe) and may be made by credit or debit card or by bank transfer (ACH). You may authorize one-time payments or recurring automatic payments (“autopay”). Your recurring authorization — including the amount, timing, and how to cancel — is set out in your Payment Authorization, which you may revoke as provided there and by applicable law; revoking autopay does not change your obligation to pay amounts you owe. We and Stripe may store your payment method and update it through card-network account-updater services so your payments continue to work. If a payment is returned or declined, the returned-item and late-charge terms of your loan agreement apply.