Terms & Conditions

These Terms and Conditions (together with any order forms, invoices, schedules, or written addenda referenced herein, the “Terms” or “Agreement”) govern your access to and use of the website located at https://stackedmca.com (the “Website”) and any data, lists, files, or related services (collectively, the “Services”) provided by Stacked MCA (“Stacked MCA,” “Company,” “we,” “us,” or “our”).

The terms “Client,” “Broker,” “you,” and “your” refer to the individual or business entity accessing the Website or purchasing the Services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have full authority to bind that entity to these Terms; in that case “you” and “your” refer to that entity. If you do not agree to these Terms, you must not access the Website or use the Services.

We may revise these Terms at any time, in our sole discretion, by posting the updated version on the Website. Material changes will be indicated by an updated “Last updated” date. Your continued use of the Website or the Services after any such change constitutes your acceptance of the revised Terms.

1. Eligibility & Business Use Only

You represent and warrant that: (a) you are at least 18 years of age and of legal capacity to enter into a binding contract; (b) you and your business are not located in, organized under the laws of, or controlled by a person or entity in a country or jurisdiction subject to U.S. embargo or sanctions; (c) you are not on any U.S. government list of prohibited or restricted parties; and (d) you are accessing the Services solely for lawful business-to-business commercial purposes and not as a consumer for personal, family, or household use.

The Services are intended exclusively for use by business professionals, including but not limited to MCA brokers, ISOs, and funding-related businesses. The Services are not directed at consumers and contain no consumer-facing offer.

2. Nature of the Services

Stacked MCA sources, aggregates, processes, and resells business contact data, application records, and related lead data (the “Lead Data”). All Lead Data is delivered exclusively as a downloadable file in CSV or Excel format. We do not push Lead Data into any third-party CRM, dialer, marketing platform, or via API. Once delivered, you are solely responsible for the storage, handling, transmission, use, and disposal of the file.

Lead Data is provided strictly “as is” and “as available” without representations or warranties of any kind, except as expressly stated in Section 7 (Replacement Policy). We make no guarantee regarding the accuracy, currency, completeness, deliverability, conversion rate, fundability, response rate, profitability, or commercial value of any record, list, or campaign result.

3. Orders, Pricing & Payment

All orders are subject to acceptance by Stacked MCA in our sole discretion. We reserve the right to refuse, cancel, limit, or modify any order at any time, including after payment, where: (a) we suspect fraud, chargeback abuse, or unauthorized use of payment instruments; (b) the order violates these Terms or applicable law; (c) inventory is unavailable; or (d) we identify pricing, typographical, or system errors. If we cancel an order before fulfillment, we will refund the amount actually paid for the cancelled portion to the original payment method.

Pricing displayed on the Website is in U.S. dollars and is exclusive of any applicable taxes, surcharges, or processing fees, which are your responsibility unless otherwise stated. Prices, volume tiers, and recurring discounts may change at any time without notice; the price applicable to your order is the price displayed at the time you submit the order.

Standard payment is processed through Square. For larger or custom orders, we may, at our discretion, accept ACH transfer, domestic or international wire, Zelle, or cryptocurrency. All payments must clear and settle before any Lead Data is released. You authorize us (and our payment processor) to charge the payment method provided for the full order amount, applicable taxes, and any recurring charges you have authorized.

You agree not to initiate any chargeback, dispute, payment reversal, or stop-payment relating to a delivered or partially-delivered order, except for unauthorized use of your payment instrument. Any improper chargeback or payment dispute will be considered a material breach of these Terms, and you will reimburse us for the full disputed amount plus any associated fees, dispute costs, attorneys’ fees, and collection costs. We reserve the right to suspend or terminate your access to the Services and to refer the matter to collections.

4. Recurring Orders

If you elect a recurring order at checkout, you authorize Stacked MCA and our payment processor to automatically charge your payment method on file at the cadence you select (e.g., weekly or daily) until you cancel. Recurring discounts (e.g., weekly recurring delivery saves an additional 5%, daily recurring saves 10%) are conditional on your order remaining active at the selected cadence. You may pause or cancel a recurring order at any time by contacting sales@stackedmca.com; cancellation takes effect after the current billing cycle. We are not obligated to refund any charge already processed.

5. Refund Policy

You may request a full or partial refund within thirty (30) calendar days of the original order date. Refund requests must be sent to sales@stackedmca.com and will be reviewed and processed by Stacked MCA. Refunds are returned to the original payment method.

After 30 days, all sales are final. Once the 30-day window has closed, Stacked MCA does not issue refunds, in whole or in part, for any Lead Data, services, fees, or charges - including dissatisfaction with quality, freshness, exclusivity, deliverability, or commercial performance; failure to dial, contact, or convert; changes in your business circumstances; or any reason other than as expressly required by applicable law. After the 30-day window, your sole remedy for invalid records is the Replacement Policy in Section 7. Custom-filtered or made-to-order datasets remain non-refundable once production has begun (see Section 6).

6. Custom Orders, Filters & Volume Pricing

For larger orders, custom-filtered datasets, or specific targeting criteria (e.g., revenue range, industry, time in business, geographic location), pricing and delivery are agreed in writing by email or invoice. Any custom-build, filtered, or made-to-order dataset is non-cancellable and non-refundable once production has begun. Volume pricing tiers are published on the Website and may be changed at any time.

7. Replacement Policy

If a delivered record is genuinely disconnected, contains a clear and material data error, or is materially inaccurate, you may flag the affected rows and request replacement, subject to the following conditions: (a) you must submit the request in a return CSV by email to sales@stackedmca.com within seven (7) calendar days of delivery; (b) the request must include reasonable supporting proof of the defect, such as call logs, dialer reports, screenshots, carrier responses, or bounce records; and (c) the replacement quantity may not exceed a commercially reasonable percentage of the original order, as determined by Stacked MCA in our sole discretion.

Approved replacements are issued in the form of replacement lead credits applied to your next order. We do not provide cash refunds, account credits redeemable for cash, or partial monetary returns under any circumstance. Requests submitted after the 7-day window, without supporting proof, or relating to non-defects (including failure to convert, lack of interest, or do-not-call status) will be denied. Stacked MCA reserves the right to verify any claim and to deny replacements where claims are excessive, unsupported, or duplicative.

8. Lead Sourcing & Exclusivity

Lead Data is sourced through a combination of direct submissions, partner networks, and proprietary data channels, then processed through our internal verification systems. Exclusivity varies by product type: certain product tiers may be shared within a limited distribution, while others may be more limited or exclusive depending on the tier and filters applied. Unless we expressly designate a record as “exclusive” in writing for a defined period, you should assume the record may have been or may be made available to other parties. We make no guarantee that any record has not been previously contacted, marketed to, funded, or worked by other brokers.

9. Sample Policy

Stacked MCA does not provide free samples as a standard offering. For established broker shops with 25 or more brokers, we may, at our sole discretion, provide a limited sample. Any sample provided remains the property of Stacked MCA, is licensed solely for evaluation, may not be used in active outbound campaigns, and may not be redistributed or resold.

10. Acceptable Use & Compliance Obligations

You agree that you alone are responsible for the lawful use of the Lead Data and for compliance with all federal, state, and local laws, regulations, and industry rules applicable to your outbound communications, including without limitation:

• The Telephone Consumer Protection Act of 1991 (“TCPA”) and its implementing regulations, including consent, identification, time-of-day, and revocation requirements;
• The Federal Trade Commission’s Telemarketing Sales Rule (“TSR”);
• The National Do Not Call Registry and all applicable state Do Not Call lists;
• The CAN-SPAM Act and any equivalent state or international anti-spam legislation;
• State telemarketing, calling, texting, recording, and consumer-protection statutes;
• Federal, state, and tribal laws governing unfair, deceptive, or abusive acts or practices (including UDAP/UDAAP);
• Privacy laws including the California Consumer Privacy Act (“CCPA”) / California Privacy Rights Act (“CPRA”), the Gramm-Leach-Bliley Act where applicable, and any other applicable U.S. state privacy laws; and
• All applicable carrier, A2P 10DLC, and STIR/SHAKEN requirements for SMS and voice campaigns.

You expressly agree that you will, at your sole cost and expense: (a) scrub every list against the National DNC Registry, all applicable state DNC lists, and your own internal suppression list before any outbound contact; (b) maintain a written DNC policy and honor opt-out requests; (c) obtain and document any consent required by applicable law for the type of outreach you conduct; (d) accurately identify yourself in every communication; and (e) maintain auditable records of consent and suppression. Stacked MCA’s pre-delivery scrubbing is not a substitute for your own compliance obligations.

You may not use the Lead Data to: (i) market or sell consumer products or services; (ii) conduct fraudulent, deceptive, or illegal campaigns of any kind; (iii) market regulated products to ineligible recipients; (iv) commit identity theft or pretexting; (v) resell, redistribute, license, or transfer the Lead Data, in whole or in part, to any third party; (vi) train, build, populate, or sell any list, database, or AI model derived from the Lead Data; or (vii) engage in any activity that violates these Terms or applicable law.

11. TCPA & Do-Not-Call — No Liability; Indemnification

You acknowledge and agree that Stacked MCA is solely a data provider and does not place calls, send text messages, or otherwise initiate any outbound communications on your behalf. Stacked MCA assumes no liability whatsoever for any claim, complaint, demand, regulatory inquiry, civil investigative demand, government enforcement action, lawsuit, arbitration, settlement, judgment, fine, penalty, or attorneys’ fee arising out of or relating to your or any third party’s use of the Lead Data, including without limitation under the TCPA, TSR, CAN-SPAM, any state DNC or telemarketing statute, or any other applicable law.

Stacked MCA does not provide, and nothing on the Website or in these Terms constitutes, legal advice, legal representation, or compliance certification. You are solely responsible for retaining qualified counsel and conducting your own legal and compliance review.

In recognition that you, the Broker, are the party initiating outbound contact, you agree to defend, indemnify, and hold harmless Stacked MCA, its parents, affiliates, members, officers, directors, employees, contractors, agents, and successors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, investigations, regulatory actions, losses, damages, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising out of or relating to: (a) any actual or alleged TCPA, DNC, TSR, CAN-SPAM, or state-equivalent violation; (b) your use, transmission, storage, or disposition of the Lead Data; (c) any communication you make or cause to be made; (d) your breach of these Terms or of any applicable law; or (e) any third-party claim that your use of the Lead Data infringes, misappropriates, or violates that third party’s rights. We may, at our option and at your expense, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully with our defense.

In limited circumstances and strictly at our sole discretion, we may, as a courtesy and not as an obligation or admission of liability, offer replacement lead credit equal to a commercially reasonable portion of the value of an alleged settlement or claim. Any such accommodation will be provided exclusively in the form of leads, never in cash, and may be conditioned on documentation, a written release, or other reasonable conditions.

12. License & Intellectual Property

Subject to your full and ongoing compliance with these Terms and payment in full, Stacked MCA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Lead Data solely for your own internal, lawful business outreach. All right, title, and interest in and to the Website, the underlying systems, source data, compilations, branding, trademarks, trade dress, logos, copy, screenshots, methodologies, scoring, and the Lead Data itself remain the exclusive property of Stacked MCA and its licensors. No other rights are granted by implication, estoppel, or otherwise.

You may not, and may not permit any third party to: (a) republish, sell, rent, lease, sub-license, distribute, or otherwise transfer the Lead Data; (b) reverse engineer, decompile, or attempt to derive the source of any underlying database; (c) remove or alter any proprietary notices; (d) use the Lead Data to create a competing product, list, or database; (e) use the Lead Data to train, fine-tune, or evaluate any artificial-intelligence model; or (f) frame, mirror, or scrape the Website. Any unauthorized use immediately and automatically terminates the license and may result in irreparable harm for which monetary damages would be inadequate.

13. Account & Suspension

You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use. We may, in our sole discretion and without prior notice, suspend, restrict, or terminate your access to the Website or any Service for any reason, including suspected fraud, breach of these Terms, abuse of replacement claims, chargeback activity, or violation of applicable law. Upon termination, all licenses granted to you immediately cease and you must stop using the Lead Data.

14. Comments & User Submissions

Where the Website permits you to post comments, reviews, testimonials, or other content (collectively, “Submissions”), you grant Stacked MCA a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any media. You represent and warrant that your Submissions do not infringe any third-party rights and are not unlawful, defamatory, obscene, threatening, or otherwise objectionable. We may, but are not obligated to, monitor and remove Submissions at any time.

15. Hyperlinking, iFrames & Third-Party Links

You may not frame the Website, embed it within an iframe, mirror it, or otherwise display it in a manner that alters its appearance or attribution without our prior written consent. We may link to third-party websites or resources for convenience; we do not endorse and are not responsible for the content, accuracy, or practices of any third party. We reserve the right to require any link to the Website to be removed at any time.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE LEAD DATA, AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STACKED MCA, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, FUNDABILITY, CONTACTABILITY, OR THAT THE LEAD DATA WILL PRODUCE ANY PARTICULAR OUTCOME OR RETURN ON INVESTMENT. WE DO NOT WARRANT THAT THE WEBSITE OR THE LEAD DATA WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STACKED MCA OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STACKED MCA, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST DEALS OR FUNDED COMMISSIONS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THE WEBSITE, THE LEAD DATA, OR THESE TERMS, EVEN IF STACKED MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE).

NOTWITHSTANDING ANYTHING TO THE CONTRARY, STACKED MCA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE LEAD DATA, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO STACKED MCA FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THE PARTIES AGREE THAT THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Force Majeure

Stacked MCA shall not be liable for any delay, interruption, or failure to perform caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, government action, embargo, labor dispute, internet or telecommunications failure, hosting or upstream provider outage, cyberattack, denial of service, or failure of any third-party data source or payment processor.

19. Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 20 (Arbitration), the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction and venue over any action permitted to be brought in court, and you irrevocably consent to such jurisdiction and venue and waive any objection of inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Binding Arbitration; Class Action & Jury Trial Waiver

Please read this Section carefully. It limits the manner in which you can seek relief from Stacked MCA and requires you to arbitrate disputes on an individual basis.

Except for (a) actions to enforce intellectual-property rights, (b) actions for injunctive or other equitable relief, and (c) small-claims actions within that court’s jurisdiction, any controversy, dispute, or claim arising out of or relating to these Terms, the Website, or the Services (including their formation, performance, breach, validity, or termination) shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Miami-Dade County, Florida, in the English language, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND STACKED MCA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AND STACKED MCA EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE-ATTORNEY-GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If the class-action waiver is found unenforceable as to any claim or relief sought, then that claim must be severed and brought in court, but the remainder of this arbitration agreement remains in full force.

Any claim must be brought within one (1) year after the cause of action accrues; otherwise the claim is permanently barred to the maximum extent permitted by applicable law.

21. Termination

These Terms remain in effect while you use the Website or any Service. We may terminate or suspend your access at any time, with or without cause and with or without notice. Upon termination, Sections 2, 5, 7, 8, 10, 11, 12, 14, 16–20, and 22–24 (and any other provisions that by their nature should survive) will continue in effect.

22. No Waiver; Severability; Assignment

Our failure to enforce any provision is not a waiver of that or any other provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable while preserving its intent. You may not assign or transfer these Terms or any rights or obligations without our prior written consent; any attempted assignment in violation of this Section is null and void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, sale of assets, or change of control.

23. Notices & Electronic Communications

You consent to receive communications from us electronically, including emails, text messages, in-app notices, and notices posted on the Website. Electronic communications satisfy any legal requirement that a communication be in writing. Notices to Stacked MCA must be sent to sales@stackedmca.com with a copy mailed to Stacked MCA, 31 NE 17th St, Miami, FL 33132. We may give notice to you by email to the address associated with your account or order.

24. Entire Agreement

These Terms, together with our Privacy Policy and any order forms, invoices, or written addenda referenced herein, constitute the entire agreement between you and Stacked MCA with respect to the subject matter and supersede all prior or contemporaneous communications, proposals, and agreements. In the event of a conflict, the order of precedence is: (1) any signed written addendum or master services agreement, (2) the applicable order form or invoice, and (3) these Terms.

25. Contact

Questions about these Terms may be directed to sales@stackedmca.com or by mail to: Stacked MCA, 31 NE 17th St, Miami, FL 33132.