Terms of Service

These Terms of Service (“Terms”) are a contract between you and Fix Failed Payments (“Fix Failed Payments,” “we,” “us”) for use of the websites, software, and related services at fixfailedpayments.com (the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes the organization.

Fix Failed Payments is a technology tool that helps U.S. collection agencies draft, review, check, and send communications. It is not a law firm, a substitute for legal advice, a licensed collection agency, or a debt collector. We do not own consumer debts and we do not collect debts on our own behalf. See our FDCPA Statement.

You remain solely responsible for your collection practices and for compliance with the FDCPA, Regulation F, the TCPA, the FCRA, state collection laws, and any other rules that apply to you. Features such as rule packs, blocked phrases, and audit logs are aids. They do not guarantee that a particular message is lawful to send.

The Service is offered to businesses, not to consumers seeking to resolve a personal debt. You must provide accurate registration information, keep credentials confidential, and promptly revoke access when a teammate leaves. You are responsible for activity under your organization account, including actions of agents and administrators you invite.

You retain all rights in the records, copy, and files you submit (“Customer Data”), including consumer personal information. You grant us a limited license to host, process, and transmit Customer Data solely to provide the Service.

You represent and warrant that:

• You have a lawful basis to process and contact each consumer whose data you upload
• Required notices, mini-Miranda language, and consent (including TCPA consent for SMS) are your responsibility to obtain and honor
• You will not upload data you are prohibited from possessing or sharing with a processor

Drafts are generated for a human to review. You must not treat model output as final legal copy. You control whether a message is approved or sent. Automated sequences, if enabled, still run under rules and schedules you configure; you are responsible for those settings.

You may not use the Service to:

• Harass, threaten, impersonate a government official, or send communications you know are false or prohibited
• Circumvent compliance checks, quiet hours, consent, or opt-out handling
• Probe, disrupt, or overload the Service, or access another customer’s tenant
• Resell the Service except as we agree in writing

We may suspend access if we reasonably believe these Terms or applicable law are being violated.

Paid plans are billed through Stripe according to the pricing shown at signup or in Settings. Fees are in U.S. dollars unless stated otherwise and exclude taxes, which you are responsible for where applicable. Usage limits (debtors, seats, messages) are enforced as described in the product. We may change prices with notice to organization owners before the next renewal.

We and our licensors own the Service, including software, rule-pack structure, and branding. These Terms do not transfer ownership of Customer Data to us, or of the Service to you. Feedback you provide may be used to improve the product without obligation to you.

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms. Consumer data is also subject to the Privacy Policy and to your own compliance program.

THE SERVICE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that drafts are error-free, that a regulator will agree with a particular communication, or that third-party networks (email, SMS, AI) will be uninterrupted.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIX FAILED PAYMENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR REGULATORY FINES ARISING FROM YOUR USE OF THE SERVICE OR FROM COMMUNICATIONS YOU SEND. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM.

You will defend and indemnify Fix Failed Payments against claims, damages, and reasonable legal fees arising from Customer Data, your collection activities, communications you send, or your violation of these Terms or of consumer-protection law, except to the extent caused by our willful misconduct.

You may stop using the Service and cancel a paid plan as offered in billing settings or by contacting us. We may terminate or suspend the Service for non-payment, material breach, or legal risk. After termination we will delete or return Customer Data according to the Privacy Policy and any retention settings then in effect, except where we must keep records.

We may update these Terms by posting a new version on this page. Continued use after the updated date constitutes acceptance, except where applicable law requires additional notice or consent.

Questions about these Terms: hello@fixfailedpayments.com.