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