Legal
Terms of Service
Last updated: [DATE]
1. Who these terms cover
These Terms of Service (“Terms”) govern access to and use of the AR Buddy client portal, public REST API, and related services (collectively, the “Platform”) operated by [LEGAL ENTITY] (“AR Buddy,” “we,” “us”). The Platform is offered solely to radio stations and broadcast groups (“Client,” “you”) for the purpose of placing and tracking commercial (business-to-business) advertising accounts receivable for collection. By creating an account, signing in, or using an API key, you agree to these Terms.
The Platform is a business tool offered only to businesses. It is not directed to consumers, and nothing in the Platform is an offer of consumer financial services.
2. Relationship to the Client Service Agreement
Your use of the Platform is in addition to, and governed by, the separate written Client Service Agreement (“CSA”) between you and AR Buddy, which controls the actual collection engagement, fees, trust-account handling, and remittance. If these Terms and the CSA conflict on a collection-engagement matter, the CSA controls. These Terms control matters of Platform access and use.
3. Eligibility and accounts
3.1 You must be authorized to act for the radio station or group on whose behalf you place accounts. 3.2 You are responsible for the confidentiality of your login credentials and API keys, for all activity under them, and for promptly notifying us of any suspected compromise. 3.3 API keys are bearer credentials; treat them like passwords. You may rotate a key at any time, and we may revoke a key we reasonably believe is compromised.
4. Commercial-only use; your representations
By placing any account through the Platform, you represent and warrant, for each account, that:
(a) the receivable is a commercial (B2B) advertising debt owed to your station — not a consumer debt incurred primarily for personal, family, or household purposes;
(b) the amount is valid and currently due, and you hold the underlying contract, invoice, and proof the advertising ran;
(c) you have the authority to place the account for collection and to provide the associated data to us; and
(d) the account is not subject to bankruptcy, settlement, dispute, or attorney representation known to you and not disclosed.
You agree to promptly inform us if any of these ceases to be true, including if you learn an account is or may be consumer debt, in which case we may decline or close it.
5. Fees
Our flat collection fee (currently $295 per invoice, as displayed on the Platform) is added to the amount due and is payable by the debtor, where the terms of your underlying advertising agreement authorize recovery of collection costs — which you represent and warrant at placement. Amounts collected are applied to your invoice principal first; our fee accrues only from amounts collected above the principal and never exceeds the flat fee. You pay no fee on any account, and no amount is ever deducted from collections up to your principal. The CSA governs in case of any discrepancy. [DRAFTING NOTE — counsel: fee-shifting enforceability is state-UDAP / contract dependent; confirm the placement warranty language and revisit the §11 liability cap, which references "fees you paid us."]
6. No guarantee of outcome
Recovery results vary by account and are not guaranteed. Any recovery figures, liquidation rates, or example calculations shown in the Platform or on our marketing materials are illustrative only and are not a promise, prediction, or guarantee of results for your accounts.
7. Trust account and remittance
Funds we collect on your behalf are held in a segregated client-trust account, separate from our operating funds, and are remitted to you on a twice-monthly cycle with a statement reconciling gross collected, our fee, and your net. We do not purchase your debt; you retain title to each receivable and we collect on contingency.
8. Your data responsibilities (debtor information)
When you place an account, you provide us with information about the advertiser/debtor, which may include an individual's name and contact details (the “Account Data”). You represent that you are entitled to disclose the Account Data to us for collection purposes. As between you and us, you are the controller of the Account Data and we act as your service provider/processor, handling it to perform collection on your behalf as described in our Privacy Policy and the CSA's data-processing terms. You agree not to place data you are not permitted to share, and not to use the Platform to place data unrelated to a bona fide collection account.
9. Acceptable use
You will not: (a) place accounts you know to be invalid, fraudulent, or consumer debt; (b) attempt to access another Client's data; (c) probe, scrape, or overload the Platform or API beyond documented use; (d) reverse engineer or interfere with the Platform's security; or (e) use the Platform to harass any person. We may suspend access for a violation that creates legal, security, or reputational risk.
10. Conduct standards
We follow FDCPA-grade collection conduct voluntarily, even where the law does not require it, because protecting advertiser relationships is central to the service. This is a statement of our operating practice and not an admission that any particular statute applies to a given account.
11. Service availability; no warranty
The Platform is provided “as is” and “as available.” We do not warrant uninterrupted or error-free operation. To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in this section limits the collection obligations set out in the CSA.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages arising from use of the Platform. Our aggregate liability arising from the Platform (as distinct from the CSA) will not exceed the fees you paid us in the [twelve (12)] months preceding the claim. This section does not limit liability that cannot be limited by law.
13. Suspension and termination
You may stop using the Platform at any time. We may suspend or terminate Platform access for non-payment, breach of these Terms or the CSA, or to address a security or legal risk. On termination, handling and return or deletion of Account Data is governed by the CSA and our Privacy Policy.
14. Changes to these Terms
We may update these Terms; material changes will be posted with an updated “Last updated” date and, where appropriate, notified to your account contact. Continued use after an update constitutes acceptance.
15. Governing law and disputes
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. The parties submit to the courts located in [COUNTY/STATE] for disputes not resolved informally. [Counsel to confirm venue/arbitration election before launch.]
16. Contact
Questions about these Terms: [LEGAL ENTITY], [NOTICE ADDRESS], [legal@arbuddy.com].
Statutes referenced: FDCPA / Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. — named only to describe voluntary conduct; confirm citation and applicability with counsel. FTC Act §5 — confirm with counsel.