Terms of service

Setliva ("we", "us") operates setliva.com. These terms form a contract between you and Setliva. Where you have signed an order form or master services agreement with us, that document takes precedence over these terms wherever the two conflict.

Setliva is a business-to-business service. By accepting these terms you confirm you are acting for a business and are authorised to bind it.

Setliva reads records from systems you connect, derives facts from them, decides a recommended action against thresholds you configure, and produces the artifact that action requires — a representment packet for a card dispute, or the next step in a receivables sequence.

Two things it does not do, and neither is a limitation of the current release:

• It does not determine whether a debt is owed or whether a transaction was authorised. It assembles and reasons over the evidence you hold; the underlying legal position is yours.
• It does not provide legal, accounting, tax or regulatory advice, and nothing it produces is a substitute for professional advice.

We may change how the service works. Where a change materially reduces functionality you rely on, we will give you at least 30 days’ notice.

You are the controller of the data you put into Setliva and the party pursuing the matter. That carries specific obligations:

1. You must have the right to pursue each debt or contest each transaction you place with us, and to instruct us in relation to it. We do not verify ownership of a debt.
2. You must hold any licence, registration or authorisation that your jurisdiction requires for debt collection or recovery activity. Requirements differ by market and, in the United States, by state. Nothing in these terms transfers a licensing obligation to us.
3. You must ensure a lawful basis exists for the processing you instruct, and that any notice or consent required has been given.
4. You are responsible for the thresholds you configure. The policy values — evidence floors, contact caps, escalation triggers, limitation periods, plan limits — are yours, and the outcomes follow from them.
5. You must keep the data you connect accurate, and correct it when you learn it is wrong.
6. You must apply human review where the law requires it for a decision with legal or similarly significant effect.

Setliva is charged as a share of what it recovers. There is no seat licence, platform fee or minimum commitment unless your order form says otherwise.

What counts as recovered

A "Recovered Amount" is money that reaches you and would not have without the service, specifically:

• For disputes: the value of a chargeback reversed following a representment that Setliva assembled.
• For receivables: a payment received against an invoice on which Setliva performed an action, within 90 days of that action.

A payment received on an account the engine recommended leaving alone is not a Recovered Amount, and is not charged for. Amounts later reversed, refunded or charged back again are credited against the next invoice.

Rate and invoicing

The success fee is between 5% and 20% of Recovered Amounts, banded by volume and mix, and fixed in your order form. Fees are invoiced monthly in arrears, in the currency of the underlying recovery, and are payable within 30 days. Amounts are exclusive of VAT and any other applicable tax.

Each invoice is accompanied by a line-level statement showing the case, the action taken, the date and the amount recovered. If you dispute a line, tell us within 30 days and we will not treat the disputed portion as overdue while we look at it.

We may charge interest on undisputed sums that remain unpaid after 30 days, at the statutory rate applicable to late commercial payments in your jurisdiction.

Where the service is used for card disputes, you remain bound by the operating rules of the relevant card scheme and by your agreement with your acquirer. Those rules govern representment deadlines, evidence standards, dispute ratios and monitoring programmes.

The product is built to work within those rules, including filing buffers ahead of network deadlines and qualification checks for compelling-evidence standards. It cannot, however, guarantee an outcome, and it does not make us a party to your scheme or acquirer agreements.

Your use of the service is subject to the acceptable use policy at /legal/acceptable-use, which forms part of these terms. It prohibits, among other things, using the service to harass, to pursue debts you are not entitled to pursue, to make threats you are not entitled to make, or to contact people outside permitted hours or beyond permitted frequency.

We may suspend access immediately where we reasonably believe that policy is being breached, and will tell you why.

You keep all rights in the data you provide. You grant us a licence to process it solely to provide the service, and our processing is governed by the data processing addendum at /legal/dpa.

We keep your confidential information confidential and use it only to perform this agreement. The same applies to ours.

We may use aggregated, de-identified statistics about how the service performs to improve it. Nothing in that output identifies you, your customers or any individual, and we do not use your data to build a product for a competitor.

The service, its decisioning logic, models, interfaces and documentation are and remain ours. Nothing here transfers ownership.

Artifacts the service produces from your data — representment packets, notices, plan schedules — are yours to use.

If you give us feedback, we may use it without obligation or attribution.

We warrant that we will provide the service with reasonable skill and care, and in accordance with applicable law.

We do not warrant that any specific dispute will be won, that any specific debt will be recovered, or that the service will be uninterrupted or error-free. Recovery outcomes depend on evidence we did not create, on counterparties we do not control, and on scheme decisions that are not ours to make.

Except as expressly stated, all other warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted.

Neither party excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for loss of profit, revenue, anticipated savings, goodwill or business opportunity, or for indirect or consequential loss.

Subject to the above, each party’s total liability arising out of this agreement in any 12-month period is limited to the total fees paid or payable by you in that period.

You are responsible for losses arising from your instructions being unlawful, from pursuing a debt you were not entitled to pursue, or from thresholds you configured, and you will indemnify us against third-party claims arising from those things.

This agreement runs until either party ends it on 30 days’ written notice, unless your order form sets a fixed term.

Either party may end it immediately if the other commits a material breach that is not remedied within 14 days of being asked, or becomes insolvent.

We may suspend access without notice where continued use presents a legal, security or scheme-compliance risk. We will restore it as soon as the risk is resolved.

On termination, fees accrued to that date remain payable, and we will delete or return your data within 90 days as set out in the data processing addendum. Audit trail entries are retained as described in the privacy policy.

Neither party may assign this agreement without the other’s consent, except to a successor to substantially all of its business.

No third party has rights under this agreement.

If any provision is unenforceable, the rest stands.

A failure to enforce a term is not a waiver of it.

Governing law and the forum for disputes are set out in the order form or services agreement signed with you, and that choice prevails over these terms.

Notices under this agreement go to hello@setliva.com for us, and to the contact on your account for you.