Introduction
These Terms of Service ("Terms") govern access to and use of the Modern Collections website, platform, debtor portal, APIs, and related services provided by Modern Collections, Inc. ("Modern Collections," "we," "us," or "our"). By using our services, you agree to these Terms.
1. Services
Modern Collections provides technology-enabled commercial collections services and related software for business-to-business receivables. We may provide third-party collection services, creditor-facing software, debtor payment workflows, communications, analytics, compliance tooling, and related operational support.
Modern Collections is not a law firm and does not provide legal advice. No attorney-client relationship is created by using our services.
2. Commercial Use Only
Our services are intended for commercial receivables. Unless we separately agree in writing, you may not submit consumer debts, personal-family-household debts, medical consumer debts, or any account that is not a valid business obligation.
You are responsible for ensuring that each placement you submit is accurate, valid, legally collectible, and authorized for collection.
3. Creditor Responsibilities
If you submit placements or use the creditor platform, you represent and warrant that:
- You have authority to place the account for collection.
- The debt is valid, unpaid, and owed by the identified debtor.
- The information you provide is accurate and complete.
- You have disclosed known disputes, bankruptcies, settlements, payment plans, attorney representation, fraud concerns, or legal restrictions.
- You will promptly update us if an account is paid, disputed, settled, withdrawn, or otherwise changes status.
- You will not submit accounts that violate applicable law, contract, or these Terms.
We may reject, suspend, pause, or close any placement if we believe it creates legal, compliance, operational, reputational, or security risk.
4. Fees and Payment
Unless a separate written agreement states otherwise, Modern Collections charges a recovery fee only on amounts recovered. Public marketing pages may describe standard pricing, but the applicable fee for a customer is the fee stated in the signed order form, pilot agreement, or other written agreement.
You are responsible for any taxes, chargebacks, returned payments, payment processor fees, or third-party costs described in your agreement.
5. Debtor Portal and Payments
The debtor portal may allow authorized users to view account information, make payments, request payment plans, upload documents, or submit disputes. Payment processing is provided by third-party payment processors. A submitted payment may remain subject to processor approval, reversal, chargeback, settlement timing, and reconciliation.
Submitting a dispute or payment request does not guarantee acceptance, settlement, release, or waiver unless confirmed by the authorized creditor or Modern Collections in writing.
6. Communications, Recordings, and Compliance
Modern Collections may use software and automation to assist with calls, emails, summaries, routing, compliance checks, and operational workflows. We may record or transcribe communications where permitted by law and our policies. We design outreach workflows to include required notices, consent handling, audit trails, and compliance controls, but you remain responsible for the accuracy and legality of information you provide.
7. Accounts, Access, and Security
You are responsible for safeguarding login credentials, API keys, portal links, and devices used to access the services. You must promptly notify us of unauthorized access or suspected compromise.
You may not interfere with, disrupt, reverse engineer, scrape, overload, bypass access controls, or misuse the services.
8. Acceptable Use
You may not use the services to:
- Submit false, misleading, unlawful, or unauthorized information.
- Collect unlawful, invalid, consumer, time-barred, discharged, or disputed debts without required disclosure.
- Harass, threaten, deceive, or unlawfully pressure any person.
- Upload malware or harmful code.
- Violate privacy, debt collection, communications, sanctions, export, anti-fraud, or anti-money-laundering laws.
- Infringe intellectual property or confidentiality rights.
- Resell or sublicense the services without written permission.
9. Privacy and Data
Our Privacy Policy explains how we collect, use, and disclose personal information. By using the services, you acknowledge the Privacy Policy.
Customers may be required to enter a separate data processing addendum, service agreement, pilot agreement, or order form before using production services.
10. Intellectual Property
Modern Collections and its licensors own the services, software, workflows, designs, documentation, models, prompts, templates, and related intellectual property. You retain ownership of data you provide, subject to the rights needed for us to operate, secure, improve, and provide the services.
Feedback may be used by Modern Collections without restriction or obligation.
11. Third-Party Services
The services may integrate with third-party providers for hosting, payments, email, voice, analytics, enrichment, storage, identity, and other functions. We are not responsible for third-party services except as expressly stated in a written agreement.
12. Confidentiality
Non-public business, technical, financial, account, debtor, placement, pricing, security, or product information disclosed through the services must be treated as confidential and used only for authorized purposes.
13. Disclaimers
The services are provided "as is" and "as available" except as expressly stated in a written agreement. We do not guarantee recovery of any debt, timing of payment, debtor response, legal outcome, or uninterrupted availability.
14. Limitation of Liability
To the maximum extent permitted by law, Modern Collections will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data.
Unless a separate written agreement states otherwise, Modern Collections' aggregate liability for claims relating to the services will not exceed the amounts paid to Modern Collections for the affected services during the three months before the event giving rise to the claim.
15. Indemnity
You will defend, indemnify, and hold harmless Modern Collections from claims, losses, liabilities, damages, penalties, costs, and expenses arising from information you provide, placements you submit, your misuse of the services, your breach of these Terms, or your violation of law or third-party rights.
16. Suspension and Termination
We may suspend or terminate access if we believe continued use creates legal, compliance, security, payment, operational, or reputational risk. You may stop using the services at any time, subject to any separate written agreement and obligations for active placements, payments, confidentiality, data retention, and fees.
17. Changes
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Continued use after the effective date means you accept the updated Terms.
18. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, unless a signed agreement states otherwise. Venue will be in the state or federal courts located in Delaware, unless a signed agreement states otherwise.
19. Contact
Modern Collections, Inc.
Email: legal@moderncollections.io