1.1 Sponsor

The Breva® Thrive Grant (the “Program”) is sponsored by Cadence Financial Group, Inc., a Delaware public benefit corporation doing business as Breva® (“Breva”), 119 West 24th Street, New York, NY 10011.

1.2 Defined terms

The “Applicant” is the business that applies. The “Authorized Individual” is the person who submits the application for it. The “Recipient” is the Applicant selected to receive the award. A “Cycle” is one application period and the judging that follows it. The “Program Page” is breva.ai/thrive-grant. The “Grant Agreement” is the agreement the Recipient signs to accept the award. The “United States” includes the District of Columbia and United States territories. A “business day” is a weekday other than a United States federal holiday.

1.3 Program Page

The dates and any award details that Breva posts on the Program Page for a Cycle are part of these Rules for that Cycle.

3.1 The business

When it applies, and until the cash grant is paid, the Applicant must:

• (a) be a construction business, meaning its primary business is general contracting, trade or specialty contracting, residential building or remodeling, or supplying materials or equipment to construction projects, or it is a nonprofit organization or association whose primary purpose is serving construction businesses;
• (b) be organized under the laws of a state of the United States, the District of Columbia or a United States territory and be in good standing there, or, for a sole proprietorship, hold any business registration its jurisdiction requires;
• (c) have its principal place of business in the United States;
• (d) hold the licenses, registrations and permits the law requires for its work;
• (e) not be, and have no owner of 10 percent or more who is, suspended, debarred or otherwise excluded from federal or state contracting, or listed on a sanctions list kept by the Office of Foreign Assets Control of the United States Department of the Treasury;
• (f) describe a benefit to its community in its application; and
• (g) be registered with The Funded Collective™ (Section 04).

Revenue, for-profit status and a minimum operating history are not required.

3.2 The Authorized Individual

The person who submits the application must be a legal resident of the United States, at least 18 years old and at least the age of majority where they live, and an owner, officer or other decision-maker with authority to apply for the Applicant and to sign the Grant Agreement for it.

3.3 Who is not eligible

The following may not apply or win:

• (a) Breva and its affiliates, and their employees, officers, directors, contractors and agents;
• (b) any Breva Partner and its employees, officers and directors. A “Breva Partner” is any organization or individual that has a written agreement with Breva, including one accepted online, under which it refers, resells, sponsors, distributes or markets jointly with Breva any Breva product or service, or receives referral fees or a share of revenue from Breva. A business is not a Breva Partner only because it is a Breva customer or receives a reward under a published customer referral offer;
• (c) any provider Breva engages to deliver part of the award, and its employees, officers and directors;
• (d) the judges for the Cycle;
• (e) the immediate family members (spouse or domestic partner, parent, child, sibling, and each of their spouses or domestic partners) and household members of anyone described in (a) through (d);
• (f) any business in which a person described in (a) through (e) owns 10 percent or more or serves as an officer, director or manager;
• (g) any business whose primary activity is lobbying, partisan political work, adult entertainment, cannabis, firearms or gambling, or that operates unlawfully. Advocacy by an association for its construction members does not make it ineligible;
• (h) any business in bankruptcy or receivership; and
• (i) any business selected as a Thrive Grant Recipient in the same calendar year.

4.1 Free registration required

Each Applicant must register for a free member account at collective.breva.ai, using the same email address as its application, by the Deadline. Registration never requires a payment card or any payment.

4.2 No purchase

No purchase, payment or fee is required to join, to apply or to win. Optional paid services offered through The Funded Collective™ are never a condition of applying or winning and are not considered in judging.

4.3 Membership after the award

The Recipient must remain a member for twelve months after its award is announced.

4.4 Which terms control

These Rules control over the terms of use of The Funded Collective™ on any matter relating to the Program.

5.1 Awards

Each Cycle has one Recipient unless the Program Page states otherwise. Breva may make additional awards. Limit one award per business, and per Authorized Individual, in each calendar year.

5.2 What the award includes

Unless the Program Page states a different award for a Cycle, the award consists of:

5.3 Platform and support terms

The Grant Agreement and Breva’s Terms of Use govern the platform subscription and the readiness support. The subscription needs no payment card and ends after twelve months unless the Recipient chooses a paid plan. Services beyond what the plan includes are not part of the award. The readiness support is not an audit, review or compilation of financial statements, is not tax, legal or investment advice, and does not include placing any bond, insurance policy or loan.

5.4 No guarantees; Breva’s compensation

The award does not guarantee any loan, bond or work, and an introduction is not an endorsement. Breva works with lenders, sureties and other providers and may be paid by them, including when a business Breva has supported obtains financing or a bond. The Recipient is never required to use any of them.

5.5 No transfer or substitution

The award cannot be transferred or exchanged for cash. If a part of the award becomes unavailable, Breva may substitute a benefit of equal or greater value.

5.6 Trial offers

Any free trial Breva offers to Applicants or finalists is separate from the award and is not considered in judging.

6.1 Dates

Breva posts each Cycle’s opening date and deadline, with the time zone, on the Program Page before the Cycle opens. The posted deadline is the “Deadline.”

6.2 Extensions

Breva may extend a Deadline by posting notice on the Program Page before the Deadline passes.

6.3 Official clock

Breva’s application system is the official clock for the Program. Late or incomplete applications will not be judged. Breva is not responsible for applications that are lost or delayed because of technical problems.

7.1 Submission

Register with The Funded Collective™ and submit the online application on the Program Page by the Deadline. There is no fee.

7.2 One application per business

Limit one application per business in each Cycle. If a business submits more than one, Breva may judge only the most recent. Businesses under common ownership or control count as one business.

7.3 Certification and license

By submitting, the Authorized Individual certifies that they and the Applicant meet Section 03 and that the application is accurate, complete and the Applicant’s own. Breva may verify any part of the application. False or misleading information may lead to disqualification and, after an award, to repayment under Section 10.4. The Applicant grants Breva a non-exclusive, royalty-free license to use its application for the purposes in Section 13.

7.4 Void submissions

Submissions made by automated means, in bulk, or for a business without its authority are void.

8.1 Judges

Applications are judged on merit by judges Breva selects.

8.2 Criteria

Judges consider community impact, business viability, alignment with the Program’s purpose, and the clarity and feasibility of the Applicant’s plan for the award.

8.3 Process

Breva may use software, including artificial intelligence tools, to help judges review applications. Judges make all finalist and Recipient decisions. Judges select fifteen finalists in each Cycle, or all eligible Applicants if there are fewer. Finalists may be interviewed and must complete verification. The Recipient is the finalist the judges determine best meets the criteria.

8.4 Not considered

Judges do not consider certifications or demographic information, who referred an Applicant, or whether an Applicant has bought, tried or used any product or service of Breva or The Funded Collective™.

8.5 Odds

Chance plays no part in selection. The likelihood of selection depends on the number and quality of eligible applications.

9.1 Notice

Breva notifies finalists and the Recipient using the contact details in the application.

9.2 Verification

Within five business days after Breva asks, each finalist must provide the documents Breva requests to verify its eligibility and application. These may include proof of formation and good standing, an Internal Revenue Service Form W-9, licenses and evidence of revenue. Breva may also check public records.

9.3 Acceptance

Within five business days after being told it has been selected, the finalist must sign the Grant Agreement and give the bank account details for payment.

9.4 Alternates

A selected finalist forfeits the award if it cannot be reached after reasonable attempts, declines, misses a deadline in these Rules, fails verification, is found ineligible, or otherwise does not comply with these Rules. Breva may then give the award to another finalist. Breva may extend any deadline for good cause.

10.1 Conditions

The Recipient receives the award, including the cash grant, only if it:

• (a) meets Section 09;
• (b) completes onboarding onto the Breva platform within the time Breva specifies. Onboarding never requires a payment or a payment card; and
• (c) takes part in recording a Work to Cash podcast episode, at no cost to the Recipient. If Breva does not offer a recording time within 90 days after the Grant Agreement is signed, this condition is treated as met.

10.2 Payment

After the conditions are met, Breva pays the cash grant by electronic bank transfer, less any tax the law requires Breva to withhold.

10.3 Use of the cash grant

The cash grant must be used for the Recipient’s business or its community-benefit goals. It may not be used for personal expenses, political contributions or lobbying, fines or penalties, or any unlawful purpose.

10.4 Repayment

Breva may require the Recipient to repay the cash grant, and may end the rest of the award, if the cash grant is misused or if the application or verification contained false or misleading information.

10.5 Loss of eligibility

If the Recipient stops meeting Section 3.1 or Section 4.3, Breva may end the parts of the award not yet provided.

11.1 Updates and records

The Recipient will give Breva brief progress updates on reasonable request and keep records of how it used the cash grant for three years.

11.2 Publicity

As a condition of the award, and except where the law prohibits it, the Recipient grants Breva a non-exclusive, royalty-free license to use its business name, logo, city and state, and a description of its work in Breva’s communications and promotion, without further compensation. The Authorized Individual and any podcast guest will each sign a release before Breva uses their names, likenesses, voices or statements. Breva will not share the Recipient’s detailed financial information without its written consent.

11.3 Winner list

Breva will post each Recipient’s name, city and state on the Program Page. Anyone may also request it from contact@breva.ai.

13.1 Use

Breva uses application information to run the Program, to verify and judge applications, to contact Applicants about Breva products, services and events, to improve its products and the Program, and to prepare aggregated reports that do not identify any Applicant.

13.2 Sharing

Breva may share application information with its service providers, including providers of artificial intelligence tools, under confidentiality obligations. Breva may tell a person who referred an Applicant that the Applicant applied. Breva does not sell application information.

13.3 Privacy Policy

Breva’s Privacy Policy at www.breva.ai/privacy-policy also applies.

13.4 Opting out

An Applicant may opt out of marketing emails, calls or text messages at any time by unsubscribing, replying STOP or writing to contact@breva.ai. Agreeing to receive text messages is optional and is not a condition of applying or winning.

14.1 Changes

Breva may change, suspend or cancel the Program or these Rules by posting the change on the Program Page. Once a Cycle opens, Breva will not reduce its award or change its eligibility requirements or criteria, except as the law requires or to address fraud, technical failure or another cause that impairs the fair running of the Program. A change to Section 14.8 does not apply to a dispute that arose before the change was posted.

14.2 Disqualification

Breva may disqualify any Applicant that tampers with the application or judging process, gives false information, violates these Rules or acts in a harassing or disruptive way.

14.3 Release

By applying, the Applicant and the Authorized Individual release Breva and its affiliates, and their officers, directors, employees and agents (the “Released Parties”), from claims arising out of the Program, except claims for Breva’s breach of these Rules or the Grant Agreement, claims arising from fraud, gross negligence or willful misconduct, and claims the law does not allow to be released.

14.4 Limitation of liability

To the extent the law allows, the Released Parties are not liable for indirect, incidental, special or consequential damages arising out of the Program, and their total liability arising out of the Program is limited to the approximate retail value of the award. This does not limit liability for fraud, gross negligence or willful misconduct.

14.5 Indemnification

The Applicant will indemnify the Released Parties against third-party claims, including reasonable attorneys’ fees, arising from its application materials, its breach of these Rules, or its violation of law or of anyone’s rights.

14.6 Events beyond Breva’s control

Breva is not responsible for any delay or failure caused by events beyond its reasonable control.

14.7 Governing law

The laws of the State of Delaware govern these Rules, without regard to its conflict-of-law rules. The Federal Arbitration Act governs Section 14.8.

14.8 Disputes; arbitration; class-action waiver

Please read this section carefully. It affects the rights of the Applicant and the Authorized Individual, including the right to go to court and to have a jury trial.

• (a) Informal resolution first. Before starting any proceeding, a party must send the other a written notice describing the dispute (to Breva, at contact@breva.ai), and the parties will try in good faith for 30 days to resolve it. The time to bring a claim is paused during those 30 days.
• (b) Arbitration. Any unresolved dispute arising out of or relating to the Program or these Rules will be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules. The arbitrator decides questions about the scope and enforceability of this Section 14.8, except that a court decides any question about Section 14.8(c). The arbitration will take place in Delaware, in the county of the Applicant’s principal place of business if the Applicant chooses, or by video conference. For any claim of $25,000 or less, Breva will pay the American Arbitration Association’s fees, other than an amount equal to the fee the Applicant would have paid to file in court.
• (c) Individual claims only. Claims may be brought only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If this waiver is found unenforceable for a claim, that claim will be heard only in the state or federal courts located in Delaware.
• (d) Exceptions. Either party may bring an individual claim in small claims court, or go to court for an injunction to protect its intellectual property or confidential information.
• (e) Opting out. An Applicant and its Authorized Individual may opt out of this Section 14.8 by emailing contact@breva.ai, with the business name, the Authorized Individual’s name and a clear statement of the opt-out, within 30 days after the Applicant first submits an application under these Rules. Claims by anyone who opts out will be heard only in the state or federal courts located in Delaware.

14.9 Order of documents

Once signed, the Grant Agreement controls for the Recipient if it conflicts with these Rules. These Rules control over the terms of use of The Funded Collective™, over Breva’s Terms of Use on any matter relating to the Program, and over any advertising or other description of the Program.

14.10 Severability

If any provision is held invalid or unenforceable, it will be limited or removed only as far as necessary, and the rest of these Rules stays in effect.

14.11 Language

If these Rules are translated, the English version controls.

14.12 Contact

Send questions about the Program to contact@breva.ai.