Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Collection House ("Company," "we," "us," or "our") governing your access to and use of the Collection House platform, website, and related services (collectively, the "Services").

By accessing or using the Services, you represent that you have the authority to bind the organization you represent to these Terms. If you do not agree to these Terms, do not access or use the Services.

2. Services Description

Collection House provides a technology platform for automated insurance-originated debt collection, including account ingestion, multi-channel debtor outreach, payment processing, dispute management, and carrier remittance reporting. The specific services available to your organization are governed by the order form, subscription agreement, or service agreement signed between your organization and Collection House ("Service Agreement").

These Terms apply to all users of the Services. The Service Agreement controls in the event of any conflict between it and these Terms.

3. Eligibility and Account Registration

The Services are available only to organizations and their authorized users. You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of your organization. By registering for an account, you represent that your organization is a legitimate business operating in compliance with all applicable laws.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach at security@collectionhouse.io.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload or process data that you do not have the legal right to use for collection purposes
• Use the Services to collect debts that are time-barred, discharged in bankruptcy, subject to an active dispute without the required legal process, or otherwise uncollectable under applicable law
• Attempt to collect debts using methods prohibited by the FDCPA, CFPB Regulation F, or applicable state law
• Circumvent, disable, or interfere with security features of the Services
• Use the Services to transmit spam, malware, or any communication that violates applicable law
• Reverse engineer, decompile, or attempt to derive source code from the platform
• Resell or sublicense access to the Services without our prior written consent

5. Carrier Compliance Responsibilities

Carrier clients are responsible for:

• Ensuring that all accounts placed for collection through the Services are legally valid and collectible under applicable law
• Obtaining any required consumer consents before accounts are placed
• Complying with FDCPA, CFPB Regulation F, applicable state debt collection laws, and any data protection requirements applicable to the information uploaded to the platform
• Ensuring that their use of Collection House's services under their own brand (white-label functionality) complies with all applicable disclosure and identification requirements
• Maintaining required licenses and registrations for debt collection activity in the jurisdictions where they operate

Collection House provides compliance controls as a feature of the platform but does not act as legal counsel. Carriers are responsible for determining whether their use of the Services complies with applicable law in their specific circumstances.

6. Data Ownership and License

You retain ownership of all data you upload to the Services ("Your Data"). You grant Collection House a limited, non-exclusive license to process Your Data as necessary to provide the Services, consistent with your instructions and our Privacy Policy.

Collection House retains ownership of the platform, software, algorithms, and all intellectual property underlying the Services. Nothing in these Terms transfers intellectual property rights in the platform to you.

Collection House may use aggregated, anonymized, non-personally-identifiable data derived from Your Data to improve the Services, develop new features, and generate industry benchmarks, provided such use does not identify you or any individual consumer.

7. Payment Terms

Fees for the Services are set forth in your Service Agreement. Unless otherwise specified: (a) fees are due within 30 days of invoice; (b) past-due amounts accrue interest at 1.5% per month; (c) Collection House may suspend Services for accounts more than 60 days past due; and (d) contingency fees are calculated on amounts actually collected and remitted to carriers.

All fees are non-refundable except as expressly provided in your Service Agreement or as required by applicable law.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as required by law or with prior written consent. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was independently developed, or was lawfully received from a third party without restriction.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLECTION HOUSE DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COLLECTION HOUSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT SPECIFIC RECOVERY RATES WILL BE ACHIEVED. PAST PERFORMANCE OF THE PLATFORM DOES NOT GUARANTEE FUTURE RESULTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLLECTION HOUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COLLECTION HOUSE'S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO COLLECTION HOUSE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not permit certain liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Collection House and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Services in violation of these Terms; (b) your violation of applicable law, including FDCPA, Regulation F, or state debt collection law; (c) data you upload to the Services; or (d) your infringement of any third-party rights.

12. Term and Termination

These Terms remain in effect as long as you use the Services. Your Service Agreement specifies the initial term and renewal provisions for your subscription. Either party may terminate the Service Agreement for material breach upon 30 days written notice if the breach is not cured within that period. Upon termination, your right to access the Services ends and you must cease using them. We will make Your Data available for export for 60 days following termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Disputes arising from these Terms or the Services will be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property claims or breaches of confidentiality. The arbitration will take place in Dallas, Texas.

14. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated by email to the account administrator at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms should be directed to:

Collection House
Legal Department
Email: legal@collectionhouse.io