Terms and Conditions

1. Introduction

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‍This document constitutes a binding agreement between the parties herein:

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Debitura: A digital platform specializing in debt collection and dispute resolution. 

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Debitura can be contacted via info@debitura.com 

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Company ID: 36406208

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The Client: The creditor engaging with the services provided by Debitura through its platform.

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By establishing an account on Debitura.com, the Client signifies their acceptance and adherence to the terms outlined within this agreement.

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This Agreement governs your use of the website located at www.debitura.com (including all subdomains) (the platform). By accessing the platform, you agree to be legally bound by this Agreement. If you don’t agree to the terms of this Agreement, you may not access or use the platform or features.

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The Platform is intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the platform or features. It is the clients responsibility to review this Agreement periodically.

Our platform is only available for companies, and we can not assist any individuals with debt collection or other services. By creating an account on our platform, you confirm that you represent a company. 

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If at any time you find this Agreement unacceptable or if you don’t agree with this Agreement, do not use the Platform. 

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2. Definitions

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‍The Client: The creditor or company utilizing the platform offered by Debitura.

Debitura: The entity responsible for providing the Debitura.com platform.

The Platform: The online collection platform operated by Debitura.

The Debtor(s): The individuals or entities owing money to the Client or representing the opposing party (defendant) in disputes.

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Partners: External third-party law firms or collection agencies engaged by the Client for debt collection or other legal services via the Platform.

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3. Scope of Our Services and Legal Disclaimer

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3.1. Debitura operates solely as a software platform and not as a licensed collection agency or a law firm. Consequently, no information provided by Debitura should be construed as legal advice, and no attorney-client or confidential relationship is or will be established through the use of the platform.

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3.2. Debitura facilitates a matchmaking process allowing the client to connect with partners via the platform. Debt collection and dispute resolution is always carried out by the partners, and never by Debitura.

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3.3. All interactions and agreements with partners are directly between the Client and the Partner. Debitura neither guarantees nor assumes any responsibility for agreements made between the Client and the Partners, or for services provided by the Partners.

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3.4. Furthermore, the Client is entirely responsible for ensuring compliance with all laws and regulations governing activities conducted on the platform.

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3.5. Force Majeure: Debitura shall not be held responsible or liable for any failure or delay in the performance of its obligations herein resulting from, either directly or indirectly, forces beyond its control. This includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. It is understood that Debitura shall employ reasonable efforts, consistent with accepted practices in the software industry, to resume performance as soon as practicable under the circumstances.

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3.6. Debitura expressly disclaims responsibility for any losses incurred. Being solely a software solution, Debitura cannot be held liable for any form of loss experienced by the Client or any third party.

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4. Use of Third Party Providers and Data Sharing

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4.1. All data provided by the Client to Debitura is deemed confidential. Debitura wil not share this data with any third parties (expect its partners) without the explicit consent of the Client. 

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4.2. The Client acknowledges and accepts that Debitura shares all information uploaded by the client with the partners, in order to match the client with a relevant partner who can provide the debt collection services. 

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4.3. Debitura exercises no control and bears no responsibility for the management or handling of data once shared with third-party partners. Clients are advised to review the data protection policies of third-party partners to ensure an understanding of how their data will be managed. Furthermore, Debitura recommends that the Client remains vigilant in sharing only necessary and non-sensitive information while utilizing the platform and encourages the consultation with legal professionals regarding data sharing implications.

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5. Fees and Payment

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5.1 Creating an account on Debitura's platform is free of charge for the Client.

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5.2 When the client uploads a case to the platform, the client will be able to see an exact rate or receive custom quotes. Before any costs apply, the client has to accept this in written either by signing our standard debt collection agreement or accepting a custom quote provided by a partner. 

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5.3 All payments are made directly to the partner providing the services to the client, and never to Debitura. Debitura is never a part in the agreement between the client and the partner, but only provides a software platform to the client. 

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6. Termination

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6.1. The agreement between Debitura and the Client can be terminated by either party without any prior notice, provided such termination is communicated in writing. Please note that if the standard debt collection has been signed, specific clauses for the termination apply during the collection period defined in the standard debt collection agreement. 

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6.2. Termination Procedure: To initiate termination, the Client should send an email to info@debitura.com expressing their intention to terminate the agreement. Upon receipt, Debitura will confirm the termination in writing to the Client.

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6.3. Partner Agreements: Termination of agreements with third-party partners shall be governed by the terms and conditions stipulated by the respective partners. The Client is advised to review the termination provisions within the partner's terms and conditions prior to engaging with their services.

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6.4. Data Retention and Deletion: Post-termination, the retention and deletion of the Client's data will be managed as per Debitura's data retention policy, which is available upon request.

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6.5. Disclaimer: Termination of the agreement with Debitura does not automatically terminate any separate agreements the Client may have entered into with third-party partners. It is the Client's responsibility to ensure all necessary steps are taken to terminate agreements with third-party partners, if desired.

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7. Other Legal Matters Between You and Debitura

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7.1. Disclaimer of Warranty: The platform is provided by Debitura on an "as is" and "as available" basis. Debitura makes no representations or warranties of any kind, express or implied, as to the platform, features, or information, content, or materials offered on the platform or through the features. To the fullest extent permissible by applicable law, Debitura disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Debitura does not warrant that the platform or features are free of viruses or other harmful components. You agree that your use of the platform and the features is at your sole risk. This disclaimer constitutes an essential part of this agreement, and you acknowledge that Debitura would not have entered into this agreement with you without your agreement to the terms of this disclaimer.

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7.2. Limitation of Liability: Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall Debitura, its affiliates, and their respective employees, directors, officers, and agents be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the platform or features, including, without limitation, damages for lost profits, loss of goodwill, loss of data, accuracy of results, or computer failure or malfunction, even if Debitura, its affiliates, or their respective employees, directors, officers, and agents have been advised of or should have known of the possibility of such losses or damages. In no event will Debitura be liable for any damages in excess of the fees paid by you in connection with your use of the platform or features during the six-month period preceding the date on which the claim arose.

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7.3. Aggregate Liability: To the fullest extent permitted by law, Debitura's aggregate liability for all claims relating to the features shall in no event exceed the greater of $500 or the amount paid by you to Debitura for the 12 months preceding the services in question, whichever is lower.

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7.4. Indemnification: You agree to defend, indemnify, and hold harmless Debitura, its affiliates, and their respective directors, officers, and employees from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Platform or Features, or your breach of any applicable law or infringement of the rights of a third party. Debitura shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to or imposes any obligation upon, Debitura, financial or otherwise, without the written consent of Debitura.

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8. Compliance with Laws and Ethical Usage 

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8.1. Lawful Usage: By accessing and utilizing the platform, the Client agrees to comply with all applicable local, state, national, and international laws, rules, and regulations. The Client further agrees not to use the platform or its features for any illegal, fraudulent, or unauthorized purposes.

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8.2. Ethical Usage: The Client commits to using the platformin a manner consistent with ethical practices, and not to engage in activities that are harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable. Debitura reserves the right to terminate the Client's access to the platform should there be a breach of this commitment.

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‍8.3. Assurance of Compliance: The Client represents and warrants that all activities conducted on the platform, including but not limited to, any interactions with third-party partners, will adhere to the aforementioned legal and ethical guidelines. Any breach of these guidelines may result in immediate termination of this Agreement and the Client’s access to the platform, at Debitura’s sole discretion.