Terms of Service
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the public website located at www.mysettlemint.com (the "Site"), the authenticated portal located at app.mysettlemint.com (the "Portal"), and any related services we offer (collectively with the Site and the Portal, the "Services"). The Services are operated by Settlemint LLC, a Delaware limited liability company ("Settlemint," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
These Terms include important disclaimers, limitations on our liability, an arbitration agreement, a class-action waiver, and other important provisions. Please review them carefully.
1. Acceptance of Terms
By accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you are accessing or using the Services on behalf of an entity (for example, a law firm), you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Services.
2. Eligibility
You must be at least 18 years of age (or the age of majority in your jurisdiction of residence, if higher), be a resident of the United States, and have the legal capacity to enter into binding agreements to use the Services. By accessing or using the Services, you represent and warrant that you satisfy these eligibility requirements.
3. Description of Services
Settlemint provides information about, and operates a software platform that supports, the origination, underwriting, servicing, and administration of non-recourse consumer funding in connection with matrimonial proceedings. The Services include the Site (which provides general information about Settlemint and may include an inquiry form for prospective Clients and attorneys) and the Portal (an authenticated software platform used by Settlemint's administrators, attorneys working with Settlemint-funded or under-consideration Clients, and the Clients themselves).
The Services are software and informational in nature. Access to or use of the Services does not constitute a commitment by Settlemint to provide funding to any Client or other party, and does not establish any contractual relationship between Settlemint and any user beyond the limited relationship governed by these Terms and the Privacy Policy. Any decision by Settlemint to provide funding to a Client is governed by separate written funding agreements (the "Funding Documents") executed between Settlemint and the relevant Client.
These Terms govern use of the Services. The Funding Documents govern the funding relationship between Settlemint and a Client. To the extent of any conflict between these Terms and the Funding Documents with respect to the funding relationship, the Funding Documents control.
4. User Types and Account Registration
The Portal supports three distinct categories of authenticated users, each with different access, obligations, and consent contexts:
4.1 Administrators
Administrators are Settlemint personnel who operate, monitor, and administer the Portal and the funding program. Administrator accounts are issued by Settlemint on an invitation-only basis.
4.2 Attorneys
Attorneys are licensed legal professionals who represent Clients in matrimonial proceedings and who interact with Settlemint in connection with the underwriting, servicing, or administration of a Client's funding. Attorney accounts may be created following submission of an inquiry through the Site and Settlemint's review of the inquiry. Attorneys may upload case information and documents and respond to Settlemint's information requests through the Portal.
4.3 Clients
Clients are consumers who are under consideration for, or who have received, non-recourse funding from Settlemint in connection with a matrimonial proceeding. Client accounts are created following an attorney-attested invitation and the Client's verification of the invitation.
4.4 Account Security
You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify Settlemint promptly of any unauthorized access to, or use of, your account. Settlemint is not liable for any loss or damage arising from your failure to safeguard your account credentials.
4.5 Accurate Information
You agree that all information you provide in connection with the creation, maintenance, and use of your account is true, accurate, current, and complete to the best of your knowledge, and that you will notify Settlemint promptly of any material change.
5. Attorney Users: Representations and Warranties
By accessing or using the Portal in the capacity of an Attorney, you represent and warrant that:
You are duly admitted to practice law in the jurisdiction in which the applicable Client's matrimonial proceeding is pending and are in good standing with the applicable state bar.
You are authorized to use the Portal in connection with your representation of the applicable Client.
You have obtained the Client's informed consent to share case information, attorney work product (other than materials protected by attorney-client privilege or the work-product doctrine that you have determined not to share), and other materials with Settlemint, and to receive communications from Settlemint as contemplated by these Terms and the Funding Documents.
Your use of the Portal will not violate the attorney-client privilege, the work-product doctrine, or any applicable rule of professional conduct.
Settlemint's role is limited to providing the Services and the funding services and does not extend to any aspect of your professional representation of the Client. Settlemint is not your client, and you have no attorney-client relationship with Settlemint by virtue of your use of the Portal.
6. Client Users: Representations and Obligations
By accessing or using the Portal in the capacity of a Client, you acknowledge and agree that:
Your use of the Portal is in connection with your funding relationship with Settlemint and your obligations under the Funding Documents to which you are a party.
Where you have executed a Purchase and Sale Agreement (PSA) with Settlemint, the PSA may obligate you to provide attorney billing statements or other documentation to Settlemint as a condition of Subsequent Draws or otherwise on Settlemint's reasonable request. Your use of the Portal to provide such documentation does not modify, supersede, or otherwise affect those underlying contractual obligations.
Settlemint may communicate with you directly through the Portal, by email, or by other means in connection with your funding relationship, including with respect to draws, the status of your funded matter, and your performance under the Funding Documents.
Information you submit through the Portal may be processed by Settlemint and its service providers (including artificial-intelligence service providers, as described in our Privacy Policy) for purposes of underwriting, servicing, audit, and compliance.
7. Inquiry, Application, and Portal Submissions
If you submit an inquiry, application, document, or other information to Settlemint through the Services (whether through the Site's inquiry form, the Portal, or otherwise) ("User Submissions"), you represent and warrant that the information is true, accurate, current, and complete to the best of your knowledge, and that you have all necessary rights, licenses, consents, and authorizations to provide the information. You agree to notify Settlemint promptly of any material change.
Submission of an inquiry or application is not an application for credit and does not entitle you (or, if you are an Attorney, your Client) to receive funding from Settlemint. Any decision regarding funding is in Settlemint's sole discretion, is subject to Settlemint's underwriting criteria, and is conditioned on the execution of separate Funding Documents.
You grant Settlemint a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, distribute, transmit, display, and otherwise process User Submissions for the purposes of: (a) operating the Services; (b) evaluating and underwriting your inquiry, application, or case; (c) administering any resulting funding transaction; (d) performing portfolio reporting, audit, regulatory, and compliance functions in support of Settlemint's funding operations and our obligations to authorized recipients; and (e) complying with applicable law. This license survives termination of your account for the period necessary to fulfill the foregoing purposes and to comply with our retention obligations under our Privacy Policy.
8. Automated Processing and Artificial Intelligence
Settlemint uses third-party artificial-intelligence and machine-learning services (collectively, "AI Services") to support our underwriting, servicing, and case-management functions. Where applicable, the contents of documents and other information you submit through the Services may be processed by AI Services for purposes such as automated information extraction, document classification, summarization, and similar processing in support of human review and decision-making.
By using the Services and submitting User Submissions, you acknowledge and consent to such processing. AI Services that process information on Settlemint's behalf are subject to contractual confidentiality and data-protection obligations consistent with our Privacy Policy. AI Services do not make funding decisions; all funding decisions are made by Settlemint personnel based on Settlemint's underwriting framework and policy. Under the commercial-API terms governing our use of AI Services, submitted content is not retained by the AI service provider for purposes of training or improving the provider's models, subject to standard short-term operational retention by the provider.
9. Electronic Signatures and Records
Certain agreements between Settlemint and a user (including Funding Documents) may be executed through an electronic-signature service provider integrated with the Portal. You agree that:
Electronic signatures applied through the Services are intended to have the same legal effect as handwritten signatures.
Electronic records produced by the Services (including signed agreements, audit certificates, attestations, and document-upload records) are admissible in any legal, administrative, or arbitration proceeding to the same extent and subject to the same conditions as other business records originated and maintained in documentary form.
Your use of the Services to execute agreements satisfies any requirement under applicable law (including the federal Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and any state equivalent) that the agreement be in writing or be signed.
You may withdraw your consent to receive electronic records and to use electronic signatures by providing written notice to Settlemint at the address set forth in Section 20. However, withdrawal of consent will, at Settlemint's discretion, terminate your ability to continue using the Services and, where applicable, may constitute a material event under your Funding Documents.
10. Prohibited Conduct
You agree to use the Site and Services only for lawful purposes and in compliance with these Terms and all applicable laws. Without limiting the foregoing, you agree not to:
Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation.
Use the Site or Services to harass, threaten, defraud, or otherwise harm any person.
Attempt to gain unauthorized access to any portion of the Site, any accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
Introduce viruses, malware, or other harmful code into the Site or Services.
Use any automated means (including bots, spiders, or scrapers) to access the Site or collect information from the Site, except for publicly available search engine indexing in accordance with standard robots.txt rules.
Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site or Services.
License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site or through the Services.
Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
Access the Site or use the Services to build a similar or competitive website, product, or service.
Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site or the Services, except as expressly permitted in these Terms.
Use the Site or Services in a manner that violates any third-party rights, including any privacy rights.
Use the Site or Services in a manner that causes Settlemint to violate any laws, regulations, rights, or obligations, or restrictions imposed by any third party.
Settlemint may, but is not obligated to, monitor use of the Site and Services, and may take any action it deems appropriate, including suspending or terminating access, if it believes these Terms have been violated.
11. Intellectual Property
The Services, including all text, graphics, images, photographs, videos, illustrations, software, audio recordings, designs, trademarks, service marks, logos, and other content and materials (collectively, the "Settlemint Content"), are owned or licensed by Settlemint and are protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, Settlemint grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in accordance with your role as an Administrator, Attorney, or Client (as applicable). Except as expressly authorized in these Terms, you may not copy, modify, distribute, publish, display, perform, transmit, license, sell, or otherwise use any Settlemint Content without our prior written consent.
All trademarks, service marks, logos, and trade names of Settlemint, including "Settlemint" and the Settlemint logo, are owned by Settlemint or licensed to Settlemint. You may not use any of these marks without our prior written consent.
If you provide Settlemint with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to Settlemint all rights in such Feedback and agree that Settlemint will have the right, without any limitation, to use and fully exploit such Feedback and related information in any manner it deems appropriate. Settlemint will treat any Feedback you provide to Settlemint as non-confidential and non-proprietary. You agree that you will not submit to Settlemint any information or ideas that you consider to be confidential or proprietary.
12. Privacy
Your privacy is important to us. Settlemint's collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you agree to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
13. Third-Party Content and Links
The Services may contain links to third-party websites, applications, or services that we do not own or control. Such links are provided for your convenience only. We do not endorse, sponsor, or assume responsibility for any third-party content or service. Your access to or use of any third-party content or service is at your own risk and is subject to the terms and conditions and privacy practices of the third party.
14. Service Availability
Settlemint does not commit to any service-level agreement or uptime guarantee. The Services may be unavailable from time to time due to scheduled or unscheduled maintenance, upgrades, capacity constraints, technical failures, or events outside of Settlemint's reasonable control. Settlemint will use reasonable efforts to communicate planned outages in advance through the Services.
15. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SETTLEMINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, Settlemint does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Settlemint does not warrant the accuracy, completeness, or usefulness of any content available on or through the Services, or that any particular result will be achieved through use of the Services.
Settlemint is not a law firm and does not provide legal advice. Use of the Services does not create an attorney-client relationship between you and Settlemint. The Services are not a substitute for the advice of qualified counsel. Settlemint does not direct or control any legal proceeding, does not solicit any legal claim, and does not provide legal, financial, tax, or accounting advice. All decisions regarding the conduct of a legal matter are the Client's and the Client's attorney's. Where you are an Attorney, your use of the Services does not delegate, transfer, or shift any aspect of your professional responsibility to Settlemint.
Settlemint makes no representation or warranty that any inquiry or application will result in an offer of funding, that any funding offered will be on any particular terms, or that any matter discussed on the Services will be resolved in any particular manner. Any decision by Settlemint to provide funding is in our sole discretion and is subject to our underwriting criteria and to the execution of separate Funding Documents.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SETTLEMINT OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR THE COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SETTLEMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SETTLEMINT AND ITS AFFILIATES FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in this Section 16 limits or affects: (a) liability under the Funding Documents (which are governed by their own terms); (b) liability that cannot be limited or excluded under applicable law; or (c) liability for gross negligence, willful misconduct, or fraud.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions and limitations may not apply to you in full. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
17. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Settlemint and its affiliates, and their respective officers, directors, managers, employees, contractors, agents, and licensors, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) any User Submission you submit; (d) your violation of any applicable law or any right of any third party; (e) any misrepresentation made by you; or (f) for Attorneys, any claim that your use of the Portal violated the attorney-client privilege, the work-product doctrine, or any applicable rule of professional conduct. Settlemint reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.
18. Modification and Termination
18.1 Modification of Services
Settlemint may modify, suspend, or discontinue the Services (or any portion thereof) at any time, with or without notice. Settlemint will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
18.2 Modification of Terms
Settlemint may modify these Terms at any time. When we do, we will revise the Effective Date at the top of these Terms. If we make any material changes, we will provide notice through the Services or by other appropriate means. Your continued access to or use of the Services after any change to these Terms will constitute your acceptance of the change.
18.3 Termination
Settlemint may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. You may close your account by notifying Settlemint at the address set forth in Section 20. Termination of an account does not relieve any party of obligations under the Funding Documents (which are governed by their own terms).
18.4 Data Handling on Termination
Upon termination of an account, Settlemint will retain personal information and User Submissions for the periods set forth in our Privacy Policy, after which we will securely dispose of the information. Settlemint may retain information beyond such periods to the extent required by applicable law, by our agreements with capital partners, or for the resolution of any dispute or pending matter.
18.5 Survival
Provisions of these Terms that by their nature should survive termination, including without limitation Sections 7 (license), 8 (AI), 9 (electronic signatures and records), 11 (intellectual property), 15 (disclaimers), 16 (limitation of liability), 17 (indemnification), 19 (governing law and dispute resolution), and 20 (general provisions), will survive.
19. Governing Law; Arbitration; Class-Action Waiver
19.1 Governing Law and Venue
These Terms and the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in this Section 19, any dispute arising out of or relating to these Terms or the Services that is not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.
19.2 Informal Resolution
Before initiating any formal dispute-resolution proceeding, you agree to first contact Settlemint at the address set forth in Section 20 and attempt to resolve the dispute informally. If the dispute is not resolved within 60 days of your written notice, either party may initiate formal proceedings as set forth below.
19.3 Binding Arbitration
Except as provided in Section 19.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding arbitration administered by JAMS in accordance with its then-current consumer-arbitration rules. The arbitration will be conducted by a single arbitrator. The arbitration will take place in New Castle County, Delaware, or any other location agreed to by the parties, except that, if you are a consumer, the arbitration may take place in your county of residence at your request. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, disputes arising under or relating to the Funding Documents are governed by the dispute-resolution provisions set forth in those documents and are not subject to this Section 19.
19.4 Class-Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SETTLEMINT EACH AGREE THAT DISPUTES WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
19.5 Exceptions
Notwithstanding the foregoing, either party may bring an individual action in small-claims court for any Dispute within the jurisdiction of such court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for any actual or threatened infringement or misappropriation of intellectual property rights, breach of confidentiality, or violation of Sections 10 or 11.
19.6 Opt-Out
You may opt out of the agreement to arbitrate set forth in this Section 19 by providing written notice to Settlemint at the address set forth in Section 20 within 30 days after first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.
20. General Provisions
20.1 Entire Agreement
These Terms (together with the Privacy Policy and any other agreements or policies expressly incorporated by reference) constitute the entire agreement between you and Settlemint with respect to the Services. The Funding Documents constitute a separate agreement with respect to any funding relationship between you and Settlemint.
20.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be interpreted to give effect to the parties' intent to the fullest extent permitted by applicable law.
20.3 Waiver
No failure or delay by Settlemint in exercising any right, power, or privilege under these Terms will operate as a waiver of such right, power, or privilege, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of that or any other right, power, or privilege.
20.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Settlemint may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of all or a portion of our business or assets, or other corporate transaction, or to any of its affiliates.
20.5 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and Settlemint. Nothing in these Terms, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy.
20.6 Notices
Settlemint may provide notices to you by email, by posting on the Services, or by other appropriate means. Notices to Settlemint must be sent to the address set forth below.
20.7 Force Majeure
Settlemint will not be liable for any delay or failure to perform under these Terms to the extent caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, pandemic, or interruption of utilities, telecommunications, or Internet services.
20.8 Contact
Settlemint LLC
Attn: Legal
551 Madison Avenue, Suite 1000
New York, NY 10022
Email: info@mysettlemint.com