TERMS OF SERVICE
By using FraudGrade's ("FraudGrade", "we", "our", "us" or "provider") services, you ("you", "your", "yourself", "authorized users", "client" or "customer") agree to comply with this Terms of Service Agreement. FraudGrade reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason. FraudGrade also reserves the right to change and modify this Terms of Service Agreement at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the most recent Terms of Service Agreement. If any client does not comply with the most recent Terms of Service Agreement modifications, his or her service will be terminated.
These terms and conditions govern your use of FraudGrade; by using FraudGrade services, you are accepting this Terms of Service Agreement in full. If you disagree with this Terms of Service Agreement or any part of this Terms of Service Agreement, you are not granted any rights to use FraudGrade services in anyway.
You must be at least 18 years of age to use FraudGrade services. By using FraudGrade services and by agreeing to this Terms of Service Agreement you warrant and represent that you are at least 18 years of age.
You agree on behalf of yourself and your Authorized Users that you will not use FraudGrade services in any of the following uses. Failure to do so will result in suspension and possibly termination of your account without refund. Your account may also be submitted to FraudGrade's internal database at FraudGrade's sole discretion.
You must not use FraudGrade services in any way that causes, or may cause, damage to the service or impairment of the availability or accessibility of any FraudGrade services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use FraudGrade services to process customer data of anyone obtained indirectly.
You must not use FraudGrade services to process customer data obtained via third party.
You must not use FraudGrade's API services to process customer data in bulk under any circumstances.
You must not use FraudGrade services to data mine or harvest or otherwise determine the existence of customer data.
You must not use FraudGrade services to process customer data obtained in anyway that is or has ever been subject of any threatened or actual legal proceedings or similar complaint.
You must not test or reverse engineer the FraudGrade service or otherwise find limitations or vulnerabilities.
You must not alter, tamper or distribute any part of the FraudGrade service.
You must comply with all applicable laws regarding use of FraudGrade.
FraudGrade does not enforce any restrictions pertaining to a limit of email address(es) that may be verified with FraudGrade services other than a limit of 1 maximum concurrent connections that the client or authorized user must follow during their integration of FraudGrade services. FraudGrade does strictly enforce a fair use policy on all clients and authorized user's accounts and reserves the right to limit said client or authorized user's account to prevent damage to any FraudGrade services or impairment of the availability or accessibility of any FraudGrade services. The amount or the length, of the restrictive limits placed on said client or authorized user's account is at FraudGrade's sole discretion.
Customer Data Processing
FraudGrade does not permit customer data to be processed in bulk in any instance from any client or authorized user. FraudGrade provides transactional fraudulent prevention and detection services which are intended to process customer data at the point of capture only. Transactional integration examples including, but not limited to:
You may process customer data that is being entered into your opt-in form for your newsletter.
You may process customer data that is being entered into your registration form.
You may process customer data that is being entered into your shopping cart.
You may process customer data that is being entered when a new comment is added.
You may process customer data that is being entered when a reservation is made.
You may process customer data that is being entered when a online chat is initiated.
You must NOT process customer data in bulk through FraudGrade services in any way.
FraudGrade reserves the right to perform audits of client and authorized user's usage of the FraudGrade services to confirm compliance with this Terms of Service Agreement. Should such audit indicate usage of services inconsistent with the Terms of Service Agreement, FraudGrade reserves the right to immediately terminate all services without refund at FraudGrade's sole discretion.
The client or authorized users data must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against the client or authorized users or FraudGrade (in each case under any applicable law).
The client or authorized users transmission of customer data to FraudGrade services are acknowledgement that the client or authorized users grant FraudGrade the right to systematically view your customer data (email address(es), IP(s)) for the sole purpose of assessing risk for fraud. FraudGrade staff will never actually see your data, only the statistics of your data and any error messages associated in the efforts to increase the quality of FraudGrade services. The client or authorized users data is sent over secure HTTPS connections and is encrypted using 2-way encryption methods while communicating with the validation servers to ensure the data stays safe at all times. FraudGrade does not sell, share or use your data in anyway other than to assess risk of fraud.
FraudGrade has conducted an extensive analysis of our operations to ensure we comply with the requirements of the GDPR. With the help of external advisors, we have reviewed our products and services, customer terms, privacy notices and arrangements with third parties for compliance with the GDPR.
As a cloud-based self-serve platform which deploys client-side encryption, we cannot access our users’ encrypted content and we cannot use encrypted information to identify any individual. Accordingly, under the GDPR, such content is not deemed to be personal data from it's perspective.
Customers agree that they shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to FraudGrade; Customer agrees they have provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for FraudGrade to process Personal Data and provide the Services pursuant to this Agreement.
FraudGrade acts as a data Controller when customers create an account to our products and/or services, and when customers complete payments for FraudGrade products and/or services. Personal data, including but not limited to, name, email address, ip address, phone number and billing address. Customers acknowledge that FraudGrade shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Products and/or Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, FraudGrade is the Controller of such data and accordingly processes such data in compliance with Data Protection Laws.
FraudGrade may process personal data that originates from the EU in the United States via Sub-Processor Microsoft Azure cloud services. We provide a level of protection of privacy that complies with the EU rules.
FraudGrade ensures that any person who is authorized by FraudGrade to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
Upon becoming aware of a Security Incident, FraudGrade shall notify Customers without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested.
At customers request, all Personal Data shall be deleted, save that this requirement shall not apply to the extent FraudGrade is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data FraudGrade shall securely isolate and protect from any further processing, except to the extent required by applicable law.
In compliance with GDPR, FraudGrade maintains a record of user activity. We provide this information to our customers as requested. User activity logs include but not limited to email address, ip address, activity engaged and credit consumed in some scenarios.
FraudGrade only serves fraud prevention use cases in the EU, providing services to protect companies operating in the EU from fraud and to protect their consumers against identity theft.
FraudGrade's services are unmanaged. FraudGrade's services are designed for programmers, developers, engineers, webmasters and related. In order to successfully utilize our services, the client or an authorized user should be familiar with the language of the clients software and capable of integrating FraudGrade services to the clients software. FraudGrade provides basic examples needed to configure and maintain the clients software integration with FraudGrade services. FraudGrade provides Frequently Asked Questions covering various topics which may offer insight into the common questions regarding our services.
The client or an authorized user is responsible for the integration and management of the clients software with FraudGrade services. FraudGrade works around the clock to ensure that our services are up and running as expected. FraudGrade will not provide or assist with any integrations of FraudGrade services other than the examples we have displayed by default.
You may contact FraudGrade support for billing related, network related, account related and accuracy related reasons only. At no time shall FraudGrade assist in the creation of client software integration.
Access to certain areas of FraudGrade is restricted. FraudGrade reserves the right to restrict access to areas of the website, or indeed the entire FraudGrade service, at FraudGrade's sole discretion.
If FraudGrade provides you with an account to enable you to access restricted areas of FraudGrade services, you must ensure that the information is kept confidential between you and your Authorized Users.
Service Payments and Refunds
FraudGrade offers a 3 day refund for your first payment to FraudGrade on unused credits. Credits that the client or an authorized user has already consumed are not eligible for a refund in any form.
All orders placed through FraudGrade are passed through an automatic fraud review system. If our fraud review system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner may result in suspension and/or termination without refund.
Disputes and Chargebacks
Raising a billing dispute with our payment processors or charging back a payment made to FraudGrade will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
FraudGrade utilizes Fraud Detection and Prevention Services. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported with evidence. Your use of the FraudGrade website and/or services is confirmation of your acceptance that FraudGrade may process Personal Data.
Any threat of legal action against FraudGrade by a client will result in immediate account and service termination without refund.
At no time shall FraudGrade be deemed in default of this Terms of Service Agreement for failure to render service when the causes are beyond FraudGrade's control.
FraudGrade expressly disclaims any warranty for FraudGrade services. All services are provided "as is" and "as and when available" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. FraudGrade does not warrant or assume responsibility for the accuracy or completeness of any information, data, links, accuracy, validity or other contained within FraudGrade services. FraudGrade makes no warranties respecting any harm that may be caused by the client or authorized users ability to use or inability to use the FraudGrade services. FraudGrade further expressly disclaims any warranty or representation to Clients, Authorized Users or to any third party. You acknowledge that the entire risk as to the quality and performance of FraudGrade services is with you and that you the client or authorized user assume the entire cost of any costs or damages incurred by the client or the authorized user
Limitation of Liability
In no event shall FraudGrade be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the clients or an authorized users use of or inability to use FraudGrade services, even if FraudGrade has been advised of the possibility of such damages. In no event will FraudGrade be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. FraudGrade shall have no liability with respect to the use of FraudGrade services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree to indemnify, hold harmless and defend (collectively "indemnify" and "indemnification") FraudGrade and its partners, officers, employees, agents, stockholders and Affiliates (collectively, "Indemnified Parties") from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) any breach of any representation or warranty of the client or an authorized user contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of the client or an authorized user under this Agreement or under applicable law, (3) (4) (5)] [other enumerated categories of claims and losses], in each case whether or not caused by the negligence of FraudGrade or any other Indemnified Party and whether or not the relevant Claim has merit.
If any provision of this Terms of Service Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Terms of Service Agreement.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, FraudGrade reserves the right to delete that part, and the rest of the provision will continue in effect.
Nothing in this Terms of Service Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Terms of Service Agreement will exclude or limit FraudGrade's liability in respect of any:
fraud or fraudulent misrepresentation on the part of FraudGrade; or
matter which it would be illegal or unlawful for FraudGrade to exclude or limit, or to attempt or purport to exclude or limit, its liability
This Terms of Service Agreement constitutes the entire agreement between the client and authroized users and FraudGrade in relation to your use of all FraudGrade services, and supersede all previous agreements in respect of the use of FraudGrade services.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the United States, and any disputes relating to this Terms of Service Agreement will be subject to the exclusive jurisdiction of the courts of Ohio.
Last updated: May 10th, 2018