Last updated: March 15, 2026
These Terms of Service ("Terms") govern your access to and use of the Abacus platform (the "Service"), operated by Abacus Labs Inc. ("Abacus," "we," "us," or "our"). The Service is a software-as-a-service platform designed for the management and monitoring of Merchant Cash Advance ("MCA") portfolios.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
Abacus provides a cloud-based platform that enables MCA operators to manage their funding portfolios, track merchant payments, monitor risk indicators, reconcile transactions, and generate reports. The Service may include features such as:
Abacus is a technology platform only. We are not a lender, funder, broker, financial advisor, or registered investment advisor. We do not originate, fund, or service Merchant Cash Advances. All funding decisions, merchant relationships, and compliance obligations remain solely your responsibility.
The Service is intended for use by businesses and individuals engaged in the MCA industry. By creating an account, you represent that:
You are responsible for all activity under your account. Abacus is not liable for any loss arising from unauthorized use of your account.
Access to certain features of the Service requires a paid subscription. All fees are quoted in U.S. dollars and are billed on a recurring monthly or annual basis as selected at the time of purchase.
Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You may cancel your subscription through your account settings or by contacting support@abacuslabs.co.
We reserve the right to modify subscription fees upon 30 days' written notice. Continued use after a fee change constitutes acceptance of the new pricing.
You retain ownership of all data, documents, merchant information, transaction records, and other content you upload or input into the Service ("Your Data"). By using the Service, you grant Abacus a limited, non-exclusive license to process, store, and display Your Data solely to provide and improve the Service.
You are solely responsible for the accuracy, legality, and completeness of Your Data, including all merchant information, funding amounts, factor rates, payment schedules, and related financial records.
Abacus does not verify, audit, or guarantee the accuracy of any data within the Service, whether entered by you, imported from third-party integrations, or derived through automated calculations.
Abacus is not a financial institution, lender, or broker. The Service does not constitute financial, legal, tax, or investment advice. All risk scores, payment projections, portfolio analytics, and similar outputs are provided for informational purposes only and should not be relied upon as the sole basis for any funding, collection, or business decision.
You are solely responsible for:
Abacus accepts no liability for regulatory violations, funding losses, merchant disputes, or any consequences arising from your use of the Service.
The Service integrates with third-party services including, but not limited to, banking data providers (e.g., Plaid), ACH payment processors, and cloud infrastructure providers. These integrations are subject to the terms and privacy policies of the respective third-party providers.
Abacus does not guarantee the availability, accuracy, or reliability of any third-party service. You acknowledge that:
You agree not to use the Service to:
The Service, including its software, design, features, and documentation, is owned by Abacus Labs Inc. and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.
You retain ownership of Your Data. Abacus retains ownership of all aggregated, anonymized, and de-identified data derived from your use of the Service.
Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information. Your Data, merchant information, portfolio details, and funding terms are treated as confidential and will not be disclosed to third parties except as necessary to provide the Service or as required by law.
Either party may terminate this agreement at any time. You may cancel your account through your account settings. Abacus may suspend or terminate your access if you violate these Terms or if continued use poses a risk to the Service or other users.
Upon termination, your right to access the Service ceases immediately. You may request an export of Your Data within 30 days of termination, after which we may delete it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABACUS LABS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO ABACUS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that any financial data, risk assessments, or analytics will be accurate or complete.
You agree to indemnify, defend, and hold harmless Abacus Labs Inc. and its officers, directors, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The enforceability of this arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitration shall take place in the State of Delaware, and judgment on the award may be entered in any court of competent jurisdiction.
Each party shall bear its own costs of arbitration, except that the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ABACUS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate as a plaintiff or class member in any class action lawsuit, class-wide arbitration, or any other representative proceeding against Abacus Labs Inc.
If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision in Section 14 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
Abacus shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions or orders, war or terrorism, civil unrest, power or internet outages, third-party service provider failures (including banking APIs, ACH processors, and cloud infrastructure providers), cyberattacks, or changes in applicable law or regulation.
By using the Service, you acknowledge and agree that these Terms constitute an electronic agreement enforceable under the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), 15 U.S.C. §§ 7001-7031, and applicable state enactments of the Uniform Electronic Transactions Act ("UETA"). Your use of the Service, creation of an account, or clicking "I agree" constitutes your electronic signature and acceptance of these Terms with the same legal force as a handwritten signature.
Abacus functions as an interactive computer service within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230. To the extent applicable, Abacus shall not be treated as the publisher or speaker of any information provided by users of the Service, including merchant data, portfolio information, transaction records, or any other user-generated content.
You acknowledge that Abacus does not create, verify, endorse, or assume liability for the accuracy or legality of any data you or your team members enter into the Service.
Unauthorized access to the Service, including any attempt to probe, scan, test vulnerabilities, breach security or authentication measures, or access data belonging to other users, is strictly prohibited and may constitute a violation of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, and applicable state computer crime statutes. Abacus reserves the right to pursue all available civil and criminal remedies against any person or entity that engages in unauthorized access.
Abacus respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that material hosted on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent at support@abacuslabs.co, including:
Nothing in these Terms creates a fiduciary relationship, partnership, joint venture, employment, or agency relationship between you and Abacus. Abacus owes no fiduciary duty to you or your merchants. The Service is a technology tool, and all business judgments — including funding decisions, collection strategies, merchant evaluations, and risk assessments — are made solely by you at your own discretion and risk.
The following provisions shall survive any termination or expiration of these Terms: Sections 4 (Your Data and Content), 5 (Financial and Regulatory Disclaimers), 8 (Intellectual Property), 9 (Confidentiality), 11 (Limitation of Liability), 12 (Disclaimer of Warranties), 13 (Indemnification), 14-16 (Governing Law, Class Action Waiver, and Statute of Limitations), 19 (Platform Immunity), 22 (No Fiduciary Relationship), and this Section 23.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
We reserve the right to modify these Terms at any time. Material changes will be communicated at least 30 days before they take effect via email or in-app notification. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
For questions about these Terms, contact us at: