Terms and Conditions
This Agreement governs your use of the website located at www.debitura.com (including all subdomains) (the platform) and the features provided by Debitura. By accessing the platform and features, you agree to be legally bound by this Agreement.
This document constitutes a binding agreement between the parties herein:
Debitura: A digital platform specializing in debt collection and dispute resolution, registered in Czechia with the company identification number: 07441541, and situated at Dopravn 500/9, Uhříněves, 104 00 Praha. Debitura can be contacted via firstname.lastname@example.org
The Client: The creditor engaging with the services provided by Debitura through its platform.
By establishing an account on Debitura.com, the Client signifies their acceptance and adherence to the terms outlined within this agreement.
This Agreement governs your use of the website located at www.debitura.com (including all subdomains) (the platform) and the features provided by Debitura. By accessing the platform and features, 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.
The Platform and features are 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.
If at any time you find this Agreement unacceptable or if you don’t agree with this Agreement, do not use the Platform or Features.
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.
Features: The features provided by the platform for the clients.
Partners: External third-party law firms or collection agencies engaged by the Client for debt collection or other legal services.
3. Scope of Our Services and Legal Disclaimer
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.
3.2. The Client assumes full responsibility for all communications sent via the platform to their debtors.
3.3. Furthermore, the Client is entirely responsible for ensuring compliance with all laws and regulations governing activities conducted on the platform.
3.4. Debitura provides Clients with access to the platform (Debitura.com) which facilitates self-service first-party collection actions and management of relationships with external partners engaged by the Client.
3.5. 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.
3.6. 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.
3.7. 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.
4. Platform Features
4.1. Debitura provides the Client with access to its software platform (Debitura.com), designed solely for facilitating certain interactions between the Client and third-party partners. Debitura does not operate as a legal service provider or a collections agency.
4.2. Pre-legal Debt Collection: The Client may upload collection cases for pre-legal debt collection. This feature is managed by our partner, Qadir Collections, not by Debitura. By utilizing this feature, the Client enters into a separate agreement with Qadir Collections. It's essential that the Client reviews and understands the terms and conditions of Qadir Collections, available at https://qadircollections.com/about/terms-and-conditions/.
4.3. Find Lawyer: Through Debitura, the Client can request up to three quotes for legal services provided by our partners. While this feature is free of charge, Debitura does not guarantee the provision of three quotes. Debitura bears no responsibility for the content, accuracy, or services provided by partners, and any formal engagement with partners is made directly by the Client without any involvement or liability on the part of Debitura.
4.4. Small Claims:This feature is managed by our partner, Qadir Collections, not by Debitura. By utilizing this feature, the Client enters into a separate agreement with Qadir Collections. It's essential that the Client reviews and understands the terms and conditions of Qadir Collections, available at https://qadircollections.com/about/terms-and-conditions/. Qadir Collection facilitates the preparation of certain forms required by small claims courts to assist the Client with small claims disputes. However, it's imperative to acknowledge that Debitura and Qadir Collections are not a law firm, nor does it provide legal advice. The platform serves solely as a self-help service under the Client's explicit direction. Debitura and Qadir Collections does not perform legal services that an attorney performs and is not a substitute for legal advice from a qualified attorney.
By utilizing Debitura and Qadir Collections for small claims assistance, the Client understands and accepts the following:
1) No Legal Representation: The Client is self-represented in the small claims process. Debitura does not provide legal representation for the Client in any capacity.
2) No Assurances or Guarantees: Debitura and Qadir Collections does not assure or guarantee:a winning case against the opposing party,resolution of the dispute,victory in a small claims lawsuit, if filed,ability to collect from the opposing party even if victorious in a small claims lawsuit,prevention of countersuits by the opposing party,that the lawsuit will remain within the jurisdiction of small claims court and not be escalated or appealed by the opposing party
3) No Legal Evaluation: Debitura does not evaluate the merits of the Client's case or the likelihood of success in court.
4) External Legal Advice: It's highly recommended that the Client seeks professional legal advice to understand the implications, responsibilities, and risks associated with pursuing a small claims case.
5) Liability Limitation: Debitura and Qadir Collections holds no liability for any decisions the Client makes based on the use of the platform, nor for any consequences, financial or otherwise, arising from the Client's small claims actions.
6) Indemnification: The Client agrees to indemnify and hold harmless Debitura and Qadir Collections from any claims, liabilities, or expenses, including reasonable attorneys' fees, arising from or related to the Client's use of the platform for small claims purposes.
4.5. Demand Letters: Debitura provides a library of demand letter templates for the Client’s use, subject to the understanding that these templates are not legal advice. The Client is advised to seek professional legal advice to ensure compliance with local laws and regulations. Debitura collaborates with third parties for shipping these letters but does not guarantee delivery nor bears responsibility for any actions or failures of third-party shippers.
4.6: Disclaimer: Debitura emphasizes that it operates solely as a software platform facilitating certain interactions between Clients and third-party partners. It neither endorses nor vouches for the accuracy, reliability, or quality of services provided by third-party partners. Clients are advised to seek professional legal advice as necessary and to thoroughly review and understand any third-party terms before proceeding with engagements. Any misuse of the platform's features may result in account penalties, and the Client agrees to indemnify Debitura against claims arising from their use of the platform or interactions with third-party partners.
5. Use of Third Party Providers and Data Sharing
5.1. All data provided by the Client to Debitura is deemed confidential. Debitura wil not share this data with any third parties without the explicit consent of the Client.
5.2. The Client acknowledges and accepts that utilizing certain features on the platform necessitates the sharing of specific data with third-party partners:
5.3. Pre-legal Collection: Upon utilizing the pre-legal collection feature, all data supplied by the Client is automatically shared with the partner managing the cases, Qadir Collections.
5.4. Find Lawyer: Engaging the "Find Lawyer" feature entails sharing all provided data by the Client with the lawyers who have partnered with Debitura.
5.5. Small Claims: Upon utilizing the small claims feature, all data supplied by the Client is automatically shared with the partner managing the cases, Qadir Collections.
5.6. Demand Letters: Upon utilizing the demand letter feature, all data supplied by the Client is automatically shared with the partner managing the cases, Qadir Collections.
5.7. 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 these features, and encourages the consultation with legal professionals regarding data sharing implications.
5.8. Disclaimer: By using these features, the Client agrees to the data sharing conditions outlined in this section. The Client’s continued use of the platform following any changes to these terms will indicate acceptance of those changes.
6. Fees and Payment
6.1. Creating an account on Debitura's platform is free of charge for the Client. The usage of certain features on the platform, however, may incur fees as dictated by agreements with third-party partners.
6.2. Separate Agreements: Upon utilizing specific features on the platform, the Client enters into separate agreements with the respective partners. The Client, by using these features, hereby accepts the terms and conditions stipulated by the partner, encompassing, but not limited to, the fees and payment terms as outlined in the partner's terms and conditions.
6.3. Partner-Specific Features: The features including Pre-legal Debt Collection, Small Claims, and Demand Letters are managed by our partner, Qadir Collections. The associated fees for these features are stipulated in the terms provided by Qadir Collections, which can be reviewed here.
6.4. Transparency: It's imperative that the Client reviews and comprehends the fee structure and payment terms of third-party partners before engaging with these features on the platform.
6.5. Disclaimer: Debitura does not control or influence the fee structures or payment terms of third-party partners. Clients are advised to thoroughly review and understand the financial obligations entailed in the agreements with third-party partners.
7.1. The agreement between Debitura and the Client can be terminated by either party without any prior notice, provided such termination is communicated in writing.
7.2. Termination Procedure: To initiate termination, the Client should send an email to email@example.com expressing their intention to terminate the agreement. Upon receipt, Debitura will confirm the termination in writing to the Client.
7.3. 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.
7.4. 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.
7.5. 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.
8. Other Legal Matters Between You and Debitura
8.1. Disclaimer of Warranty: The platform and the features are 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.
8.2. 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.
8.3. 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.
8.4. 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.
9. Compliance with Laws and Ethical Usage
9.1. Lawful Usage: By accessing and utilizing the platform and its features, 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.
9.2. Ethical Usage: The Client commits to using the platform and its features in 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.
9.3. 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.