Terms of Service

Last Updated: February 11, 2026

Welcome to Es Capital Group LLC. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our services.

1. Acceptance of Terms

By accessing or using the Es Capital Group LLC website (the "Site") or any of our services, you agree to comply with and be bound by these Terms of Service, as well as our Privacy Policy. If you do not agree to these Terms, please do not use our Site or services.

2. Description of Services

Es Capital Group LLC is a direct lender providing business funding solutions, including but not limited to:

• Working Capital Loans
• Revenue-Based Financing
• Business Growth Funding
• Short-Term Financing
• Equipment Financing

We fund businesses directly from our own capital. All funding decisions are made by our in-house underwriting team.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate business entity
• Provide accurate and complete information

4. Application Process

Information Accuracy

You agree to provide accurate, current, and complete information during the application process. Providing false or misleading information may result in the denial of your application and termination of services.

No Guarantee of Approval

Submitting an application does not guarantee approval for funding. All funding decisions are made at the sole discretion of Es Capital Group LLC based on our underwriting criteria.

Application Review

We will review your application and may request additional documentation or information. You agree to provide any requested documents in a timely manner.

5. SMS & Text Message Terms and Conditions

Consent and Opt-In

Consent is NOT a condition of purchase or required to use our funding services. You are not required to agree to receive text messages as a condition of doing business with Es Capital Group LLC. You may choose not to receive text messages and still apply for and receive funding services.

Message Frequency

Message frequency varies depending on your account activity and the nature of your inquiries. We may send you periodic updates about your funding application, account status, or promotional offers.

Opt-Out Instructions

You may opt out of receiving text messages at any time by:

• Texting STOP to any message you receive from us
• Emailing us at elliott@escapitalgrp.com with your opt-out request

After you text STOP, we will send you a confirmation message and you will no longer receive text messages from us unless you opt in again by contacting us or submitting a new request.

Help and Customer Support

For help or assistance with our text messaging program, you may:

• Text HELP to any message you receive from us
• Email us at elliott@escapitalgrp.com

Message and Data Rates

Message and data rates may apply for text messages sent to and from your mobile phone. The number of messages you receive will depend on your interaction with our services. Please check with your mobile carrier for details about your messaging plan and associated charges.

Supported Carriers

Our text messaging service is available on all major U.S. mobile carriers. If you experience issues receiving messages, please contact us.

Privacy and Data Use

We will use your mobile phone number in accordance with our Privacy Policy. We will not sell or share your mobile phone number with third parties for their marketing purposes. For more information, see our Privacy Policy.

6. Fees and Costs

All fees, interest rates, and repayment terms will be disclosed to you prior to finalizing any funding agreement. You agree to review and understand all terms before accepting any funding offer.

Transparency

We are committed to transparent pricing with no hidden fees. All costs associated with your funding will be clearly outlined in your funding agreement.

7. Repayment Terms

If you accept funding from Es Capital Group LLC, you agree to repay the funded amount according to the terms outlined in your funding agreement. Repayment terms vary by funding product and will be specified in your agreement.

8. Use of Website

Permitted Use

You may use our Site for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Site

Intellectual Property

All content on this Site, including text, graphics, logos, and software, is the property of Es Capital Group LLC and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

9. Third-Party Links

Our Site may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of service of any third-party sites. We encourage you to review the terms and policies of any third-party sites you visit.

10. Disclaimer of Warranties

Our Site and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• The Site will be uninterrupted or error-free
• Defects will be corrected
• The Site is free of viruses or harmful components
• Information on the Site is accurate or complete

11. Limitation of Liability

To the fullest extent permitted by law, Es Capital Group LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Site or services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Es Capital Group LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of our Site or services, your violation of these Terms, or your violation of any rights of another party.

13. Modification of Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of our Site or services after changes are posted constitutes your acceptance of the modified Terms.

14. Termination

We reserve the right to suspend or terminate your access to our Site or services at any time, with or without notice, for any reason, including violation of these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall be resolved in the courts located in Brooklyn, New York.

16. Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Es Capital Group LLC regarding your use of our Site and services.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

20. Acknowledgment

By using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.