MARKETPLACE PROGRAM BUYER TERMS AND CONDITIONS

These Buyer Program Terms ("Terms") govern your use of the Nav platform to apply for trade credit from a third-party vendor ("Vendor"). By checking the box and clicking "Agree & Submit," you agree to these Terms, the main Nav Terms of Use, and the Nav Privacy Policy.

1. The Service: What Nav Does

1.1. Technology Platform. Nav provides a technology platform that allows you to apply for trade credit from a Vendor. We collect your information and provide application information, verification results, financial metrics, and other analytical outputs to the Vendor(s) to which you apply to support their review of your application and related account management activities.

1.2. Nav is Not a Lender. Nav is not a lender, broker, or financial institution. We do not make any credit decisions, extend any credit, or guarantee that you will be approved for trade credit by the Vendor. The Vendor has sole authority and responsibility for all credit decisions. Nav may assist with application intake, business verification, bank data retrieval, and generation of risk-related or cash-flow-related assessments, but those services do not make Nav the creditor or decision-maker on any trade credit account.

1.3. Your Relationship is with the Vendor. If you are approved and enter into an agreement with a Vendor, your trade credit agreement is a legally binding contract strictly between you and the Vendor. Nav is not a party to that agreement. The Vendor is solely responsible for all aspects of the transaction, including order fulfillment, customer service, billing, and collections. Any disputes about the products, services, or payment terms must be resolved directly with the Vendor. Any approval may be subject to additional conditions, acceptance requirements, credit limits, purchase requirements, repayment terms, and expiration dates established by the Vendor. If you do not timely accept the Vendor’s trade credit terms, any approval may expire or be withdrawn.

1.4  Additional Program Features. Vendor may request additional information, documents, or business verification materials in connection with your application, including bank statements, beneficial ownership information, tax or formation documents, or other records through the Nav platform. Nav may modify the Program workflow, requested information, integrations, and available platform features from time to time.

2. Your Authorizations & Consent

By agreeing to these Terms, you provide your "written instructions" under the Fair Credit Reporting Act and give Nav permission to do the following:

2.1. Collect Your Information. You authorize Nav to collect the information you provide, which may include your business name and address, owner name and address, and other identifying information. You are responsible for providing true and accurate information. You represent that you are authorized to submit the application on behalf of the business identified in the application and to provide any information, documents, and connected-account access requested in connection with that application.

2.2. Connect Your Bank Account. You authorize Nav to use third-party services like Plaid to securely connect to your business or personal bank account(s) that you select. You authorize Nav and its third-party partners to retrieve financial data from your connected account(s), including transaction history, account balances, and revenue information, for the purpose of creating a credit assessment. You represent that any account you connect is owned by you or your business, or that you otherwise have authority to connect and share information from that account for Program purposes.

2.3. Share Information with the Vendor. You expressly authorize Nav to share your business, personal, and financial information (which may include sensitive personal information if required by the Vendor) with the specific Vendor(s) from whom you are requesting trade credit. You understand this information will be used by each Vendor to evaluate your credit application. 

2.4. Personal Guarantees. You acknowledge that as part of the process of applying for trade credit, some Vendors may require that you provide a personal guarantee, and that the information required for that personal guarantee is at the sole direction and discretion of the Vendor(s). You also acknowledge that while Nav collects your information as part of the application process for trade credit from the Vendor(s), Nav's role is strictly limited to providing the information required by the Vendor and for your personal guarantee. Nav is not a party to any personal guarantee that is required by any Vendor. The decision to require a personal guarantee is the sole responsibility of Vendor(s). You acknowledge that Nav does not require and is not involved in any personal guarantee arrangement.

2.5. Business Credit Inquiry. You authorize the Vendor to use the information provided by Nav to obtain a business credit report on your company. These Terms do not authorize the Vendor to obtain a personal credit report on any individual unless you separately authorize that inquiry in a different agreement or disclosure.

2.6. Business Credit Reporting. If you are approved for trade credit, you acknowledge that the Vendor may furnish information about your trade credit account, including account status, balances, payment performance, delinquencies, defaults, and closure, to one or more business credit bureaus. Nav does not guarantee that any information will be furnished to any business credit bureau, or that any bureau will accept, post, maintain, or use any such information. You agree that each of Nav and the Vendor(s) have no obligation to furnish, continue furnishing, update, correct, or remove any information except as required by applicable law. Accordingly, you agree that you will have no claim, cause of action, or other recourse against Nav or the Vendor(s) arising out of or relating to any Vendor’s decision not to report, cease reporting, or delay reporting to any business credit bureau.

2.7. Fraud Prevention and Verification. You authorize Nav and each Vendor to take steps reasonably necessary to verify your identity, business identity, beneficial ownership, authority, and application information, and to detect and prevent fraud, misuse, or unauthorized activity. Although Nav and each Vendor may undertake screening, verification, and fraud-prevention measures, neither Nav nor any Vendor guarantees the identity, legitimacy, creditworthiness, authority, quality, safety, legality, or performance of any applicant, customer, buyer, seller, vendor, goods, or services. You acknowledge that any such verification measures may not detect all fraud, impersonation, scams, or other misconduct. You are solely responsible for conducting your own diligence regarding any Vendor, including the legitimacy of the Vendor, the goods or services offered, and the terms on which credit is extended, before entering into any transaction or accepting any goods or services on credit. To the fullest extent permitted by applicable law, Nav will not be liable for any losses, claims, damages, or liabilities arising out of or relating to fraud, scams, misrepresentation, or misconduct by any purported or actual Vendor, or your decision to transact with any Vendor.

2.8. Ongoing Accuracy. You agree to promptly update any information you have provided if it becomes inaccurate or incomplete while your application is pending.

2.9. Third-Party Data Sources. Information used in the Program may be obtained from you, your connected accounts, uploaded documents, third-party service providers, public records, business credit bureaus, and other lawful sources. Nav may use this information to support application intake, verify your identity, business identity, beneficial ownership, authority, and application information, retrieve and assess financial data, generate business verification, risk-related, cash-flow, and other analytical outputs, and share relevant information and assessments with the Vendor(s) to support their evaluation of your application and related account management activities. Nav does not warrant that information obtained from third-party sources is accurate, complete, or current.

3. Disclaimers and Limitation of Liability

3.1. AS-IS Service. The Nav platform and all related services are provided on an "as is" and "as available" basis. Nav expressly disclaims all warranties of any kind, whether express or implied. Without limiting the foregoing, Nav does not warrant that any data retrieved from third-party providers or any analytical output generated through the Program will be accurate, complete, current, or accepted by any Vendor.

3.2. No Liability for Vendor. Nav is not liable for any damages or losses arising from the Vendor's credit decision, the terms of any credit agreement you enter into, or any dispute between you and the Vendor. Nav is also not responsible for the Vendor’s furnishing of information to business credit bureaus, handling of bureau disputes, collections activities, or administration of any trade credit account.

3.3. Dispute Routing. Any dispute, complaint, or claim regarding a credit decision, credit limit, repayment terms, billing, collections, order fulfillment, product quality, or information reported by the Vendor through Nav to a business credit bureau must be directed to the Vendor. Nav may forward any such inquiry it receives to the Vendor for handling.

3.4. Suspension and Termination. Nav may suspend or terminate your access to the Program, any application, or any related feature at any time, with or without notice, if you breach these Terms, provide inaccurate information, engage in suspected fraud or misuse, create legal or compliance risk, or if Nav or the Vendor discontinues the applicable Program offering.

4. Electronic Signature and Communications Consent (E-SIGN)

4.1. Electronic Agreement. By checking the box and submitting your application, you are providing your electronic signature and agree that it has the same legal effect as a manual signature. You are agreeing to be legally bound by these Terms and all related documents.

4.2. Electronic Communications. You consent to receive all disclosures, notices, agreements, and other information ("Communications") from Nav and Vendor(s) in electronic form. These Communications will be provided via Nav’s website, email, or other electronic means. These Communications may include application status messages, requests for additional information, approval or denial notices, expiration reminders, and account-related updates.

4.3. Hardware and Software Requirements. To receive electronic Communications, you need a computer or mobile device with an internet connection, a current web browser (e.g., Chrome, Safari, Firefox, Edge), software capable of viewing PDF files, and a valid email address.

4.4. Withdrawing Consent. You may withdraw your consent to receive electronic Communications at any time by contacting Nav Customer Support. Withdrawing consent may result in the termination of your access to the Program.

4.5. Requesting Paper Copies. You may request a paper copy of any Communication by contacting Nav Customer Support. A fee may apply.

4.6. Updating Your Contact Information. You are responsible for keeping your email address and other contact information current in your Nav account.

5. General

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes between you and Nav will be resolved in the courts of Delaware. Nav may update these Terms from time to time by posting revised Terms on its website or otherwise making them available electronically. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Nav may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Sections that by their nature should survive termination, including authorizations, disclaimers, limitations of liability, dispute provisions, and provisions regarding business credit reporting, will survive.