Terms of Use

1. Acceptance of Terms

By accessing and using Paybydemand ("the Platform", "we", "us", or "our"), you accept and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Platform. These Terms constitute a legally binding agreement between you and Paybydemand.

2. Description of Service

Paybydemand is an automated debt recovery platform that facilitates the sending of formal demand letters between creditors and debtors. The Platform provides:

• Automated generation and delivery of demand letters
• Email delivery services for demand letters
• Response tracking and notification services
• Connections to legal support services

The Platform acts as an intermediary service provider and does not provide legal advice, legal representation, or guarantee the collection of debts.

3. User Accounts and Responsibilities

3.1 Account Registration

To use certain features of the Platform, you may be required to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 User Responsibilities

You agree to:

• Provide accurate, truthful, and complete information
• Use the Platform only for lawful purposes
• Not use the Platform to send fraudulent, harassing, or defamatory communications
• Not impersonate any person or entity
• Not interfere with or disrupt the Platform's operation
• Comply with all applicable laws and regulations

4. No Legal Advice or Representation

THE PLATFORM DOES NOT PROVIDE LEGAL ADVICE, LEGAL REPRESENTATION, OR LEGAL SERVICES. The demand letters generated by the Platform are templates and do not constitute legal advice. You acknowledge that:

• The Platform is not a law firm and does not provide legal services
• You should consult with qualified legal counsel for legal advice
• The Platform does not guarantee the legal validity or enforceability of any demand letter
• The Platform is not responsible for the outcome of any debt collection efforts

5. Limitation of Liability and Disclaimers

5.1 No Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYBYDEMAND, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Failure to collect debts
• Legal costs or expenses
• Damages resulting from the use or inability to use the Platform
• Errors or omissions in demand letters
• Email delivery failures
• Unauthorized access to or alteration of your data

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

6. Indemnification

You agree to indemnify, defend, and hold harmless Paybydemand, its owners, operators, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any content or information you submit through the Platform
• Any demand letters sent through the Platform
• Any disputes between you and debtors or creditors

7. Email Delivery and Service Availability

While we strive to ensure reliable email delivery, we do not guarantee that emails will be delivered, received, or read by the intended recipients. The Platform is not responsible for:

• Email delivery failures due to technical issues
• Spam filters blocking emails
• Incorrect email addresses provided by users
• Email server outages or failures
• Network connectivity issues

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without notice or liability.

8. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, software, and demand letter templates, are the exclusive property of Paybydemand or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

9. Prohibited Uses

You agree not to use the Platform:

• For any unlawful purpose or in violation of any applicable laws
• To send harassing, threatening, or defamatory communications
• To impersonate any person or entity
• To collect debts that are not legally owed
• To violate debt collection laws or regulations
• To send spam or unsolicited communications
• To interfere with or disrupt the Platform's operation
• To attempt to gain unauthorized access to the Platform
• To transmit viruses, malware, or other harmful code
• To reverse engineer, decompile, or disassemble the Platform

10. Third-Party Services and Links

The Platform may contain links to third-party websites or services, including legal support services. We are not responsible for the content, privacy practices, or terms of service of third-party websites. Your interactions with third parties are solely between you and the third party.

11. Data and Privacy

Your use of the Platform is also governed by our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

12. Termination

We reserve the right to terminate or suspend your access to the Platform at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Platform will immediately cease.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Paybydemand regarding your use of the Platform and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at support@balogunharold.com