TERMS AND CONDITIONS
Effective Date: September 23, 2026
www.moniphy.com
I. Agreement to Terms
Moniphy, LLC and its divisions — Moniphy Equipment Finance and Moniphy Energy & Commodities (collectively, “Moniphy,” “we,” “us,” or “our”) — provide website features, transaction facilitation, and related services when you visit www.moniphy.com and its subdomains, submit an inquiry or application, or use any Moniphy product or service (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your use of the Services.
By accessing the website, submitting information, or using any Moniphy Service, you agree to these Terms. Please read them carefully. If you do not agree, do not use the Services.
Specific transactions may be subject to additional agreements — including financing applications, commission agreements, NCNDA/IMFPA agreements, or engagement letters (“Service Terms”). If these Terms conflict with any Service Terms, the Service Terms will control for that transaction.
II. Nature of Our Services — Broker & Facilitator Disclosures
This section defines what Moniphy is — and is not. Please read it carefully.
A. Equipment Finance Division
Moniphy operates as an independent equipment finance broker. We are not a lender, bank, or funding source, at this time and we do not make credit decisions. Financing is provided by third-party lending partners in our network. All applications are subject to the lending partner’s credit approval, underwriting criteria, and program guidelines. Rates, terms, amounts, and structures referenced on this website (including approval timeframes and funding ranges) are estimates and examples only and do not constitute an offer, approval, or commitment to fund. Submission of an application or inquiry does not guarantee financing.
B. Energy & Commodities Division
Moniphy operates solely as an independent facilitator/broker of transactions between verified counterparties. Moniphy:
• Does not take title to, own, store, transport, insure, or deliver any physical commodity
• Does not act as principal, buyer, or seller in any commodities transaction
• Does not guarantee product availability, pricing, quality, quantity, delivery, or deal completion
• Does not provide investment advice, and nothing on this website constitutes an offer to buy or sell any commodity, security, or financial instrument
All commodities transactions are subject to counterparty verification, executed agreements between the parties (including, where applicable, NCNDA/IMFPA, ICPO, FCO, and SPA documentation), and compliance with applicable international trade laws, export controls, and sanctions regimes. Moniphy reserves the right to decline or discontinue facilitation of any transaction at its sole discretion, including where verification cannot be completed to our satisfaction.
C. No Professional Advice
Content on this website is for general informational purposes only and does not constitute legal, tax, accounting, or financial advice. References to tax treatment (including Section 179 deductions) are general in nature — consult your own professional advisors regarding your specific situation.
III. Eligibility
The Services are intended for businesses and their authorized representatives. By using the Services, you represent that you are at least 18 years of age, are acting on behalf of a business entity, and are authorized to bind that entity. The Services are not offered to consumers for personal, family, or household purposes.
IV. Accuracy of Information You Submit
You represent and warrant that all information you submit to Moniphy; including financial information, business details, Proof of Funds, Proof of Product, and corporate documentation; is true, accurate, complete, and not misleading, and that you are authorized to share it. Submitting false, fraudulent, or fabricated documentation (including falsified bank statements, POP, or POF) is grounds for immediate termination of services and may be reported to relevant authorities.
V. Electronic Communications
When you use the Services or communicate with us by email, SMS/text, WhatsApp, or through the website, you are communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Message and data rates may apply to SMS/WhatsApp communications; you may opt out of marketing messages at any time as described in our Privacy Policy.
VI. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices.
VII. Intellectual Property
Copyright. All content included in or made available through the Services; text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software; is the property of Moniphy, LLC or its content suppliers and is protected by United States and international copyright laws.
Trademarks. “Moniphy,” the Moniphy logo, and related marks are trademarks of Moniphy, LLC, whether registered or unregistered. They may not be used in connection with any product or service that is not Moniphy’s, in any manner likely to cause confusion, or in any manner that disparages Moniphy.
License and Access. Subject to your compliance with these Terms, Moniphy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make business use of the website for its intended purpose. You may not scrape, data-mine, reproduce, resell, or exploit any portion of the Services without our express written consent.
VIII. Third-Party Businesses
Lending partners, equipment vendors, refineries, trading companies, and other counterparties operate independently of Moniphy. We are not responsible for examining or evaluating, and we do not warrant, the offerings, products, or conduct of any third party. Moniphy does not assume responsibility or liability for the actions, products, services, or content of third parties, and your dealings with them; including any transaction documents you execute with them — are solely between you and that third party.
IX. Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES MADE AVAILABLE TO YOU THROUGH MONIPHY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MONIPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MONIPHY DOES NOT WARRANT THAT ANY FINANCING APPLICATION WILL BE APPROVED, THAT ANY COMMODITIES TRANSACTION WILL BE COMPLETED, OR THAT ANY RATE, PRICE, TIMEFRAME, OR OUTCOME DESCRIBED ON THIS WEBSITE WILL APPLY TO YOU.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MONIPHY, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY TRANSACTION FACILITATED THROUGH THE SERVICES; INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES; EXCEEDING, IN THE AGGREGATE, THE FEES ACTUALLY PAID TO MONIPHY BY YOU (IF ANY) IN CONNECTION WITH THE MATTER GIVING RISE TO THE CLAIM.
X. Indemnification
You agree to indemnify, defend, and hold harmless Moniphy, LLC, its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) false, inaccurate, or fraudulent information or documentation you submit; © your violation of any law or the rights of any third party; or (d) transactions you enter into with third parties introduced through the Services.
XI. Disputes — Binding Arbitration
Any dispute or claim relating in any way to your use of any Moniphy Service, or to any products or services facilitated by Moniphy or through www.moniphy.com, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court; except that either party may bring a qualifying claim in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Class action waiver: Arbitration will be conducted on an individual basis only. You and Moniphy each waive any right to participate in a class action, class arbitration, or representative proceeding.
XII. Governing Law
By using any Moniphy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to conflict-of-laws principles, govern these Terms and any dispute between you and Moniphy. Commodities transactions may additionally be subject to international trade laws, Incoterms, and the laws of other jurisdictions as specified in the applicable transaction documents.
XIII. Changes to These Terms
We may modify these Terms at any time by posting the revised version on this page with an updated effective date. Your continued use of the Services after posting constitutes acceptance of the revised Terms.
XIV. Contact & Address
Moniphy, LLC
5900 Balcones Drive, Ste #100
Austin, TX 78731
📞 1-800-390-1564
🌐 www.moniphy.com