Terms of Use

Last Updated: January 17, 2025

Introduction‍

These Terms and Conditions are a legal agreement between You and Encore Capital Financing, Inc., a Delaware corporation, doing business as Adesso Capital (“Adesso Capital”), 8434 E. Shea Boulevard, Suite 100, Scottsdale, AZ 85260. By accessing this website, any pages and sub-sites of this website, and/or using any of the Adesso Capital platforms or Services (as defined below), you agree to and are bound by these Terms as well as the Adesso Capital Privacy Policy (collectively, the “Terms”) for as long as you continue to use the Site or Services.

As used in the Terms, “We” and “Our” refers to Adesso Capital; “You” and “Your” refers to the person or business using the Site and/or the Services; “Site” refers to this websites and all sub-sites and webpages as well as all web based platforms with which You communicate with us and share information and documents; and “Service” refers to the products and services that You order, receive, or access as part of Your use the Site and Our platforms, as well as Your relationship with Adesso Capital.

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Purpose

The purpose of the Terms is to set out the agreement between You and Adesso Capital, the terms for Adesso Capital to provide the Services to You, and the representations and authorizations You are required to make in order for Adesso Capital to provide those Services. In applying for or seeking any Service, You agree to the Terms. Please check the Terms periodically for changes because we reserve the right, in our sole discretion, to modify, add, or remove portions of the Terms. If we make changes, We will revise the “Last Updated” date at the top of this webpage, and the revised version will be effective immediately when it is posted.

In addition to these Terms, certain business services may require You to agree to other terms, which will be presented to You when You sign up to use such services.

THESE TERMS INCLUDE AN AGREEMENT THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF ARIZONA APPLIES TO ALL INTERACTIONS BETWEEN YOU AND ADESSO CAPITAL.

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1. Description of Services

We engage in and offer several services for business (the “Services”) that include, but may not be limited to, the following:

Financing Services. Adesso Capital may work with businesses to identify their financing needs and attempt to match them with the financing products offered by banks and other private lenders that meet their needs and are aligned with the business’ credit profile.
FICA Tip Credits. Adesso Capital works with restaurants and other food and beverage businesses to determine and calculate the amount of the business tax credit they may claim with respect to social security and Medicare taxes Company paid on its employees’ tip income under the Federal Insurance Contributions Act. This Service may also include amendment of the tax returns of the owners of the business.
Other Miscellaneous Services. Adesso Capital may add additional products and services over time, and the Terms shall apply to such additional services.

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2. Use of Site and Services‍

As a user of the Site or a user of the Services, You agree to the following:

Exclusive Use. Your account is to be used only by You and only for Your business needs. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Adesso Capital is not responsible for third-party access to Your account that results from theft, misappropriation, hacking, or spoofing of Your username or passwords.
Information Submitted. You are solely responsible for and assume all liability regarding (i) the information and content You provide Us, (ii) the information and content You make available in any manner to Us, and (iii) Your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account may be rejected and Your account may be put on hold.
No False Information. You agree to provide true, accurate, current, and complete information. In the event that We determine that the information provided is incomplete, fraudulent, false, or otherwise inaccurate, We reserve the right to terminate Your access to the Services.
Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site and Services in accordance with federal, state and local laws.
Business Purpose. You agree to only use the Site and Services for a bona fide business purpose. You agree not to use the Site or Services for family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone other than Your business and Yourself.
Not on OFAC List. You represent and warrant to us that You are not a “Blocked Person” under the United States Presidential Executive Order 13224 (“Executive Order”) and related regulations of the Office of Foreign Assets Control (“OFAC”), nor are a person who has been determined by the US Government to have committed, or pose a risk of committing or supporting, terrorists acts, trafficking, money laundering, or related crimes.
No Guarantee of Capital. We may not be able to provide matches for every business seeking capital or financing. We make no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.

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3. User Information‍

Privacy Policy. For information about the collection and possible use of information and material provided by You, please visit Our Privacy Policy located on the Site. By using the Site or the Services, You are consenting to the terms of Adesso Capital’s Privacy Policy.
Disclosure by Law. You acknowledge and agree that We may disclose information You provide if required to do so by law, at the request of a third-party, or if we, in our discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Our, or a third-party’s, rights or property.
Information Security. We work hard to protect Our and Our users from unauthorized access to or unauthorized alteration or disclosure of information we hold. In particular, we: (i) encrypt many of our services using industry standard methods, (ii) review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems, and (iii) restrict access to personal information to Adesso Capital employees, contractors, and agents who need to know that information in order to process it for us. However, we cannot guarantee the security of any information and document You disclose or we obtain regarding You.
Use of Anonymous Information for Research. By using the Site and/or Services, You agree to allow Us to use anonymized information from You and Your experiences through the Services to continue Our improvement and modification of Our practices and to improve the Services. You further agree we may aggregate Your use and experience on our Site and with our Services for us to evaluate our Services, improve our Site and Services, and how users interact with us and our Site.

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4. Third-Parties

As part of the Services, like most if not all businesses, we utilize software, applications, programs, and services from third-parties (the “Third-Party Services”), that include, but are not limited to, Salesforce, Amazon Web Services, PayPal, Wolters Kluwer CCH, Axcess, Five9, Assure Sign, and others. You understand and acknowledge that we are using Third-Party Services, and consent to Adesso Capital transmitting, storing, and, when part of a Service, share Your information and data with Third-Party Services.

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5. Links to Third Party Websites and Dealings with Advertisers and Sponsors

‍ The Site and Services may identify or contain references or links to websites of third-parties, including advertisers (“Third-Party Sites”). We do not control a Third Pary Site and are not responsible for the content on any Third-Party Site. We provide information about or links to Third-Party Sites as a convenience to You, which does not imply that Adesso Capital endorses any Third-Party or the content on such Third-Party Sites. You may choose or decline to have business dealings with such Third-Parties, and any business is solely between You and them. You agree that Adesso Capital will not be responsible or liable for any loss, damage, or injury of any kind or nature incurred as the result of either Adesso Capital’s reference or links to Third-Party Sites, or Your dealings with such Third-Parties.

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6. Communications and Contact‍

Call Recording and Monitoring. We may monitor or record telephone calls to or from Adesso Capital, and You agree to such monitoring and recording.
Automated Texts/Emails. At times, We or third-parties acting on our behalf, may send You text messages (such as SMS, MMS, or successor protocols or technologies) and electronic mail related to Services, Your account, promotions, and marketing. By providing Your phone number, You agree to receive such messages, even if You cancel the Services. You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation.
Opt-Out. You may opt -out of receiving automated texts and emails at any time. To opt-out of text messages, reply STOP to any text message You receive from us. You acknowledge and agree to accept a final text message confirming Your opt-out. Alternatively, You may email adessoprivacy@adessocapital.com advising that You want to opt out of text messages and/or phone calls specifying the phone number(s) for which that opt-out should apply. To opt-out of automated emails, may email adessoprivacy@adessocapital.com advising that You want to opt out of emails, providing Your name and email address to which the opt-out applies. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please note that if You opt out of automated calls or text messages, we reserve the right to make non-automated calls to You. It is possible that third parties may have Your contact information and You may continue to receive communications from these third parties despite an opt out request to Adesso Capital. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of Your communication preferences.
Fees and Charges. There is no fee to receive automated text messages or emails from Adesso Capital. However, You may incur a charge from Your telephone carrier, which is Your sole responsibility. Message and data rates may apply. Check Your telephone plan and contact Your carrier for details. You acknowledge that We are not responsible for such charges.
Release of Claims. In consideration of the services provided by Adesso Capital, You hereby release Adesso Capital (and its owners, directors, officers, and employees) from any and all claims, causes of action, damages, injuries, losses, liabilities, costs, and expenses resulting from or relating to calls, emails, or text messages, including without limitation those based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

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7. Financing Services – We Are Not a Lender

With respect to any financing or lending, You understand and agree that We are neither a lender nor an agent of You or any lending party, and do not fund any financing or loan transaction. With respect to financing and loans, We act to facilitate connection between You and potential lending parties. All lending and funding decisions are made in the sole discretion of a lending party, based on that lending party’s own criteria and requirements. A lending party may, as part of its own commitment or willingness to fund, require You to pay other costs and fees. Adesso is not a financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for professional advice or assistance regarding Your finances or credit, or whether any Service is best for You. As with any business or financial decision, You should conduct Your own research and use Your own experience, common sense, and judgment as to what is right for You and Your business.

The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. While We are not a lending party, We will not discriminate on any of these bases. For further information, You can contact the Federal Trade Commission, Equal Credit Opportunity Equal Credit Opportunity Act | Federal Trade Commission (ftc.gov).

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8. Ownership Rights

a. License Regarding Your Content. You retain all ownership interest in and to all data and information You provide to us. However, by submitting data and information, including Your personal, business, and financial information, You grant Adesso Capital a perpetual, non-exclusive, irrevocable, royalty-free license to use, reproduce, modify, transfer, summarize, and/or distribute such data and information in order for Us to provide Services and to comply with the law. This license specifically includes the right for Adesso Capital to make such content available to lending parties and other trusted companies, organizations, and/or individuals with whom Adesso Capital has a business relationship in order to carry out the performance of the Services.

b. Site Content and Copyright. All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code on the Site, including but not limited to the design, coordination, “look and feel” and arrangement of elements (collectively “Content”) is owned or licensed by or to Adesso Capital. The Content is protected by copyright, trademark, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without LendingTree’s prior written permission. Nothing on the Site should be construed as granting any license or right to use any Content.

c. License to Provided Content. By providing information or content to a public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to Adesso Capital and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

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9. Disclaimer of Warranty

a. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ADESSO CAPITAL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ADESSO CAPITAL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND SERVICES.

b. Third party content. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Adesso Capital, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Adesso Capital is not responsible for such content or information and makes no warranty or assurance such information or content is useful, accurate, or complete.

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10. Indemnification

You agree to indemnify, defend, and hold harmless Adesso Capital (and its owners, directors, officers, employees, agents, and representatives) from and against any losses, liabilities, damages, injuries, claims, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) any violation by You of the Terms; (b) Your breach of any agreement with Adesso Capital; (c) Your violation of any applicable law, rule, or regulations, and (d) any information or documents You provide which violate a third-party’s rights. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Adesso Capital in asserting any available defenses.

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11. Law Applicable to Our Relationship

We and You each agree that Arizona law shall apply to our relationship, these Terms and Conditions, the Site, and the Services (without giving effect to any choice or conflicts of law principles), and that any action or proceeding must be brought in a state or federal court located in Maricopa County, Arizona. You and We both submit to the jurisdiction of such courts and waive all objections and defenses as to a different or more convenient forum

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12. Class Action Waiver

We and You each agree that each must bring any dispute, claim, cause of action, lawsuit, or proceeding, whether based in statute, equity, or otherwise, solely in an individual capacity and on an individual basis, and may not be on a collective basis nor consolidated with any other claims, suit, arbitration, or proceeding involving others. You and We further agree that any court, arbitrator, or other decision maker may not consolidate more than one party’s claims and may not otherwise preside over any form of a representative or class proceeding.

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13. Limitation of Liability and Damages

a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE SITES, OR YOUR RELATIONSHIP WITH ADESSO CAPITAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITIES, CORRUPTION OF DATA OR PROGRAMS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Damages Limit. IN NO EVENT WILL ADESSO CAPITAL’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, THE SERVICES, THE SITES, OR YOUR RELATIONSHIP WITH ADESSO CAPITAL, EXCEED THE AMOUNTS YOU PAID TO ADESSO CAPITAL. IF YOU HAVE NOT PAID ADESSO CAPITAL FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $500.00 OR ITS EQUIVALENT.

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‍14. General Provisions

‍ a. Assignment. You may not (by contract, operation of law or otherwise) assign any rights or remedies You have in the Terms, the Site, or any Service or product We provide to You, without our prior written consent, which may be granted or withheld in our sole discretion. Subject to the foregoing restriction, any assignment will be fully binding upon, inure to the benefit of, and be enforceable by Your and our respective successors, assigns, and legal representatives.

b. Nonwaiver. Adesso Capital’s failure to insist upon or enforce strict performance of any provision of the Terms or to exercise any right or remedy will not be interpreted or construed as a waiver or relinquishment to any extent of Adesso Capital’s rights to assert or rely on any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.

c. Modifications. We may update the Terms at any time, and You agree to all such changes. We encourage You to periodically review this webpage for the latest information.

d. Severability. If an arbitrator or court decides that any part of these Terms is invalid, illegal, or unenforceable, all other terms and provisions shall remain unchanged and in full effect, and the arbitrator or court may sever so much of the offending portion as is necessary to render the all remaining portions valid and enforceable.

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