Disputifier Terms of service
DISPUTIFIER TERMS OF SERVICE
Please read this document carefully before using https://www.disputifier.com (the "Site"). Your continued use of this Site indicates your
acceptance of these Terms of Service, which include all copyright statements and disclaimers ("Terms of Service" or "Terms and Conditions").
Disputifier LLC, reserves the right to modify these Terms of Service at any time without notice. Any changes will be effective immediately
upon posting. Disputifier LLC may also terminate your access to this website at its discretion. Please note that your activity on the
website may be monitored. If you represent an organization, these Terms of Service apply to both you individually and the organization you
represent. These Terms and Conditions constitute an agreement between you ("you", "your", "Merchant") and Disputifier, LLC ("Disputifier").
You agree to be bound by these Terms and Conditions by using the Services. If you do not agree to any term or condition set forth herein, do
not use the Services.
1. SERVICE OVERVIEW AND DATA DELIVERY
Disputifier LLC offers services to assist businesses in contesting chargebacks with major credit card providers and helping them reduce
business practices that lead to chargebacks (the "Service"). Additionally, we provide e-commerce fraud prevention services ("Fraud
Prevention Services"). Disputifier shall perform for Merchant the services set forth in the Chargeback Service Application ("Services"), and
Merchant shall provide Disputifier the information set forth in the Chargeback Service Application ("Data") that is required to enable the
delivery of the Services. Disputifier shall provide and Merchant shall accept the Services and certain deliverables that form part of the
Services (the "Deliverables") "as-is" and on an "as available" basis. To the extent that Merchant provides Outcome Information to
Disputifier in connection with Disputifier's delivery of the Services, Merchant represents and warrants that: (i) it has the right to
disclose, transfer and/or export Outcome Information pursuant to the terms of these Terms and Conditions; (ii) Outcome Information delivered
to Disputifier hereunder is accurate and complete; (iii) Disputifier shall have the right to use such Outcome Information for the provision
of any loss-risk evaluation and loss avoidance activities, which activities include the Services; and, (iv) the provisions of these Terms
and Conditions do not conflict with those of any agreement with, or representation to, any customer or other third party.
2. LICENSE RESTRICTIONS AND OWNERSHIP
The Site's content, including graphics, text, images, videos, software, and more ("the Content"), is protected by intellectual property
laws. You are granted the right to access the Content as described in these Terms, but any other use, reproduction, or distribution of the
Content is prohibited unless authorized in writing by us. Merchant understands and agrees that Disputifier retains all right, title, and
interest in and to the Services and any Deliverables, and Merchant shall not take any action inconsistent with such ownership. The Services,
Deliverables, and Disputifier's confidential, proprietary or trade secret information ("Confidential Information") may be protected by
copyright, trade secret, and other intellectual property laws, all of which belongs to Disputifier. Merchant acknowledges that Merchant
shall have no intellectual property or ownership rights in the Services, Deliverables, and Confidential Information. We and our licensors
own all rights to the Site, Service, and Content. Except for the rights granted to you in these Terms, no other rights are granted. Merchant
shall not contest the ownership of the Services, Deliverables, or Confidential Information, and Merchant will reasonably cooperate with
Disputifier in defending any of its ownership rights. Merchant shall not alter or remove any printed or on-screen copyright, or other legal
notices contained in the Services and the Deliverables. Merchant shall not: (a) decompile, disassemble, reverse compile, reverse assemble,
reverse translate or otherwise reverse engineer the Services or Deliverables; (b) circumvent any technological measure that controls access
to the Services or Deliverables; or (c) use the Services or Deliverables other than pursuant to the terms of these Terms and Conditions.
3. ACCOUNT REGISTRATION
To use our Service, you must create and maintain an account. You agree to provide accurate information and promptly update it as necessary.
If any information is found to be inaccurate, we may suspend or terminate your account. You are responsible for all activities under your
account, and it's crucial to keep your login details secure. Notify us immediately if you suspect unauthorized use of your account. Merchant
agrees to provide information on the Disputifier Portal for a valid payment method for the Fees. Further, Merchant agrees that for so long
as it uses the Services, Merchant shall maintain a valid payment method on the Disputifier Portal.
4. FEES AND PAYMENT
Merchant shall pay Disputifier for the Services in accordance with the Chargeback Service Application (the "Fees"). Merchant shall pay the
amounts payable to Disputifier hereunder within five (5) days of receipt of the invoice (the "Due Date"). Disputifier will initiate a charge
to the valid payment method of file for the Fees due and payable to Disputifier on or before the Due Date. Merchant acknowledges and agrees
that Disputifier is permitted to charge the payment method on file for the Merchant in the Disputifier Portal for the Fees. Disputifier
reserves the right in its sole and absolute discretion, to delay billing of Fees hereunder; however, in no event will such a delay in such
billing waive Disputifier's rights to charge the Fees as set forth in these Terms and Conditions. If any charge to the payment method on
file designated by Merchant is rejected for any reason, Disputifier may make demand on Merchant for immediate payment, and Merchant's
failure to satisfy such demand shall be considered a material breach of these Terms and Conditions. All Fees unpaid on the Due Date under
these Terms and Conditions shall bear interest at the rate of one and one-half percent per month (but in no event more than the highest rate
of interest legally allowable) on such delinquent amount from its Due Date until the date of payment by Merchant. Merchant understands and
agrees that Disputifier shall have the right to modify, change, or amend the Fees upon thirty (30) days' written notice to Merchant.
Merchant understands and agrees that Merchant is responsible for verifying the invoice and Fees and shall notify Disputifier of any errors
within ninety (90) days of the date of the invoice and the failure to do so shall be deemed a waiver of any claim for such amount by
Merchant. Merchant shall pay or reimburse Disputifier for amounts equal to any taxes, other duties, tax penalties, or amounts in lieu
therefore, however, designated, now or hereafter levied or based on payments due under these Terms and Conditions, any license granted
hereunder, the transfer, use or distribution of the Services, exclusive of taxes based on Disputifier's net income.
5. ADDITIONAL POLICIES
Certain features of the Site or Service may have additional terms, which are incorporated into these Terms by reference.
6. TERM AND TERMINATION
The term of these Terms and Conditions shall be effective for so long as you use the Services. Your permission to use the Service will
automatically terminate if you violate these Terms. Disputifier LLC reserves the right to suspend or revoke your access to the Service at
any time without notice. Either party may terminate these Terms and Conditions at any time for any reason upon fourteen (14) days prior
written notice of its intention to terminate these Terms and Conditions. These Terms and Conditions will terminate, effective upon delivery
of written notice by a party hereto, (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings
for the settlement of debts of the other party, (ii) upon the making of an assignment for the benefit of creditors by the other party, or
(iii) upon the dissolution of the other party. Upon a material breach of these Terms and Conditions by either party, the non-breaching party
may terminate these Terms and Conditions if such default continues and is not remedied for a period of thirty (30) days following written
notice of default from the party that has been breached. Notwithstanding anything in these Terms and Conditions to the contrary, Merchant's
obligation to pay Fees shall survive termination of these Terms and Conditions. Certain obligations, such as Fees and Payment,
Confidentiality, and Privacy, will survive termination. Merchant shall cease use of the Services and Deliverables immediately upon
termination of these Terms and Conditions.
7. ACCESS AND MODIFICATIONS
You are responsible for any fees charged by third parties to access the Site and the Service. We may modify or discontinue any part of the
Site or Service at any time without notice. We are not liable for any modifications, suspensions, or discontinuations, except for a prorated
refund of any prepaid subscription fees if we permanently discontinue the Service.
8. USER DATA AND PRIVACY
Our Privacy Policy is part of these Terms. You agree not to provide any information that violates others' legal rights. We may use your data
to provide the Service as described in our Privacy Policy. 9. THIRD-PARTY CONTENT The Site may contain links to third-party content, which
we do not control. We are not responsible for the accuracy or completeness of such content.
10. INDEMNITY
You agree to indemnify and hold harmless Disputifier LLC and its affiliates, third party providers, contractors, agents, officers,
directors, employees and affiliates (each, an "indemnified party"), from any claims arising from your use of the Site, Service, or Content,
or from Merchant's breach of these Terms and Conditions or Merchant's negligence or willful misconduct. An indemnified party may, in its own
discretion, participate in the defense of any claim including using counsel of its own choosing. Such participation shall not relieve the
indemnifying party of any of its obligations under this section or these Terms and Conditions. The indemnifying party shall not, without the
prior written consent of Merchant, settle any claim. We reserve the right to assume the defense of such claims at your expense.
11. WARRANTY DISCLAIMERS
Your use of the Site, Service, and Content is at your own risk. All are provided "as is" without warranties of any kind. Some jurisdictions
may not allow the exclusion of warranties, so these disclaimers may not apply to you. EXCEPT AS OTHERWISE PROVIDED HEREIN, DISPUTIFIER, ON
BEHALF OF ITSELF AND ITS THIRD PARTY PROVIDERS, DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. DISPUTIFIER AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICES (INCLUDING THE DELIVERABLES) WILL MEET ANY REQUIREMENTS
OR NEEDS THAT MERCHANT MAY HAVE, OR THAT THE SERVICES (INCLUDING THE DELIVERABLES) WILL BE PROVIDED ERROR FREE OR THAT ANY DEFECTS OR ERRORS
IN THE SERVICES OR THE DELIVERABLES WILL BE CORRECTED.
12. LIMITATIONS OF LIABILITY
Disputifier will not be liable to Merchant (or to any person or entity claiming through Merchant) for lost profits or for special,
incidental, indirect, punitive, consequential or exemplary damages arising out of or in any manner connected with these Terms and Conditions
or the subject matter hereof, regardless of the form of action and whether or Disputifier has been informed of, or otherwise might have
anticipated, the possibility of such damages. Disputifier LLC is not liable for any indirect or consequential damages. Our total liability
to you for all claims related to the Site, Service, or Content will not exceed the fees paid by you in the six months preceding the claim.
IN NO EVENT WILL DISPUTIFIER'S AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES UNDER THESE TERMS AND CONDITIONS EXCEED $10,000.00
13. REPRESENTATIONS AND WARRANTIES
Merchant represents and warrants to the other that: (i) it is a corporation or limited liability company organized, validly existing and in
good standing under the laws of the State where its principal office is located; (ii) it has full authority and corporate power to enter
into these Terms and Conditions and to perform its obligations under these Terms and Conditions; (iii) its performance of these Terms and
Conditions will not violate any applicable law or regulation or any agreement to which that party may be bound; (iv) it will comply with all
applicable state and federal laws and regulations and payment brand requirements; and (v) neither it nor its officers and directors are a
party to any pending litigation that would have an impact on these Terms and Conditions.
14. NAME AND TRADEMARKS
By registering for an account, you agree that we may list you as a customer and use your name and logo in marketing materials. You also
agree to participate in a customer testimonial or case study. Merchant agrees that Disputifier shall have the right to use Merchant's name
and logo on its website and for marketing purposes. Merchant understands and agrees that these Terms and Conditions confers, and Merchant
shall obtain, no other right to Disputifier's name or trademarks by virtue of such use. Merchant acknowledges that Disputifier is the sole
owner of its trademarks (the "Marks"), and acknowledges that the Services and Deliverables are a proprietary product of Disputifier.
Accordingly, Merchant acknowledges that ownership of all existing patents, copyrights, mask work rights, trademarks, trade names, trade
secrets and other proprietary rights relating to or residing in Services and Deliverables, and all copies of all or any part thereof
("Intellectual Property"), will remain with Disputifier. Merchant will not contest the ownership of the Marks or Intellectual Property, and
Disputifier may at any time and upon reasonable written notice prohibit Merchant from using the Marks or Intellectual Property for any
reason.
15. SECURITY INTEREST
As security for the payment and performance of all obligations of Merchant to Disputifier under these Terms and Conditions, including but
not limited to any unpaid Fees (the "Secured Obligations"), Merchant hereby grants to Disputifier a continuing security interest in all of
Merchant's right, title and interest in and to the following, whether now owned or hereafter acquired (collectively, the "Collateral"): all
money, investments, and property of Merchant that may now or hereafter be held by Disputifier or its vendors. Merchant authorizes
Disputifier to file UCC financing statements describing the Collateral to perfect Disputifier's security interest in the event that Merchant
fails to pay the Secured Obligations set forth in these Terms and Conditions. Merchant agrees to execute any further documents and take any
further actions reasonably requested by Disputifier to evidence or perfect the security interest granted under this clause, to maintain the
first priority of the security interest, or to effectuate the rights granted to Disputifier under these Terms and Conditions. Upon the
occurrence and during the continuance of any default in payment of the Secured Obligations, Disputifier shall have all rights and remedies
of a secured party under the Uniform Commercial Code and other applicable law, in addition to all other rights provided in these Terms and
Conditions or by law. Merchant represents and warrants that the security interest granted herein constitutes and shall at all times
constitute a first priority perfected security interest in favor of Disputifier.
16. FORCE MAJEURE
The performance by Disputifier of the Services hereunder shall at all times be subject to delay and/or extension on account of circumstances
beyond the control of Disputifier, including without limitation the unavailability of computer time and required materials and any sickness
or other unavailability of any of Disputifier's technical staff or that of Disputifier's providers assigned to the performance of Services.
17. GOVERNMENT USERS
The Site, Service, and Content are provided as "commercial items" to U.S. Government users, with only the rights specified in this
Agreement.
18. SEVERABILITY
If any term or provision of these Terms and Conditions shall be found by a court of competent jurisdiction to be illegal or otherwise
unenforceable, the same shall not invalidate the whole of these Terms and Conditions, but such term or provision shall be deemed modified to
the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties
shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein
set forth.
19. LEGAL NOTICES AND DISPUTE RESOLUTION
These Terms shall be construed and enforced, along with any rights, remedies, or obligations provided for hereunder and thereunder, in
accordance with the laws of the State of North Carolina. Any and all disputes, claims or controversies arising out of or relating to,
including any and all disputes, claims or controversies arising out of or relating these terms of service and the power and authority of any
arbitrator selected hereunder, that are not resolved by mutual agreement shall be submitted to final and binding arbitration before American
Arbitration Association ("AAA") pursuant to and in accordance with its Commercial Arbitration Rules. Either Company or the disputing
Recipient may commence the arbitration process by filing a written demand for arbitration with AAA and delivering a copy of such demand to
the other in accordance with the notice procedures set forth in Section 20. The arbitration shall take place in Raleigh, North Carolina. The
Recipient shall cooperate with AAA and with Company in selecting an arbitrator from AAA's panel of neutrals and in scheduling the
arbitration proceedings. The Recipient and Company shall participate in the arbitration in good faith. Company shall pay those costs, if
any, of arbitration that it must pay to cause this Section 19 to be enforceable, and all other costs of arbitration shall be shared equally
between the Recipient and the Company.
20. CONTACT INFORMATION
For more information or questions, contact Disputifier at:
Disputifier
Attn: Legal Services
Email: hello@disputifier.com
Phone: (512) 270-1514
Last Updated: December 2025
