1 Your Privacy.
Your privacy is important to us. Our Privacy Policy describes how your information is collected, used, shared, and otherwise processed when you use our Services. By using our Services, you agree that we can process, transfer, and store your information according to our Privacy Policy.

2 Use of Our Services.
Our Services are owned by us, and are protected under US and international laws. Except as expressly stated in these Terms, all rights in, and to, the Services are reserved by us. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms.

You must be at least 18 years old to use our Services. If you are under 18 years old, you are not allowed to use our Services.

Protecting the Integrity of the Services.. We will maintain reasonable administrative, physical, and technical safeguards to protect the security and integrity of our Services. Those safeguards will include measures to safeguard the security, confidentiality, and integrity of data that you provide to us through our Services (“Your Data”).

In order to provide our Services, we need to share certain information about you. You agree that we may use your personal and transactional information and share it with our partners in order to provide our Services to you. You recognize our legitimate interest in using your personal information, according to these Terms, to the extent necessary to provide our Services.

Don’t use our Services to break the law. You agree that you will not violate any laws while using our Services, including any local, state, federal, and international laws that apply to you. This includes not engaging in fraud, theft, anti-competitive behavior, threatening conduct, or any other unlawful acts against us, our customers, or a third party.

Don’t steal from us or from third parties. You agree not to crawl, scrape, spider, extract, or harvest any part of our Services, reverse engineer our Services, attempt to obtain the source code of our Services, or attempt to bypass measures we employ to prevent or limit access to any part of our Services. You also agree not to copy, reproduce, distribute, publicly perform, or publicly display any portion of our Services, including our content or content that belongs to third parties (including trademarks and copyrighted works).

Don’t use our trademarks without permission. The name “Refundmatic” and the other marks, phrases, logos, and designs that we use in connection with our Services (collectively referred to as “Our Marks”) are our trademarks, service marks, or trade dress. Our Marks may not be copied, imitated, or used in any manner without our prior written permission. All other trademarks, service marks, product names, company names, and company logos displayed through our Services are the property of their respective owners. The appearance of third-party marks, product or company names, or logos does not constitute or imply our endorsement, sponsorship, or recommendation.

We may use your feedback. We love feedback and suggestions for making our Services better. Any ideas, comments, suggestions, or feedback about us or our Services that you submit to us are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use those ideas, comments, suggestions, or feedback for any purpose, without compensation to you.

3 Your Account.
You must register an account. You are required to register an account in order to use our Services. You will need to provide information about yourself, such as your name, email address, phone number, and physical address. All information that you provide as part of registering an account is subject to our Privacy Policy. You may only set up one account.

You must provide complete, truthful, and accurate information when we request it. You agree to provide complete and honest information to us, including when registering for an account with us. You also agree not use false information or impersonate someone else. You must promptly update your account information, if it changes.

You are responsible for your account. You are solely responsible for all activity in your account. If you provided someone else’s financial information in your account (such as credit card information when creating an account), then the person whose financial information is used will ultimately be responsible for that activity. You may not transfer your account to another person or entity.

You must protect your account. Please notify us immediately if you discover or suspect that someone has accessed your account without your permission.

4 Fees.
Use of our Services is subject to a one-time service fee, which you agree to pay. That fee will is due up-front, and will be billed to the payment method you specify when you create your account. For as long as your account remains active, you will not be charged any other service fee, even if we change our fees for other customers. Fees are charged in U.S. dollars, and payments must be made in U.S. dollars. You may cancel your subscription at any time (but you will not receive a refund).

5 Ownership.
What you own. As between the parties, you own Your Data. You hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and store Your Data for the purpose of providing the Services, and to perform our obligations and exercise our rights under the Contract. You represent, warrant, and agree that you have all necessary rights in Your Data to grant us this license.

What we own. As between the parties, and except for the rights granted to you under these Terms, we (and where applicable, our licensors) own and will continue to retain all right, title or interest in and to our Services, including all related intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use our Services, or access the Services without our express written permission. We may collect, derive or generate de-identified and/or aggregated data regarding your usage of, or the performance of, our Services, including data derived from Your Data. We will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing our products and services.

6 Termination and suspension.
You may cancel your account at any time. You may do so by contacting us at support@refundmatic.com. Cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the Services until the end of that subscription period. We do not provide refunds or credits for any cancellations or partial subscription period. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination of your subscription, or entitle you to any refund.

We may suspend or terminate your account. If we have reason to believe that your use of our Services violates these Terms, we may suspend or terminate your account. We will try to notify you that your account has been suspended or terminated, unless we are legally prohibited from doing so, or you’ve repeatedly violated these Terms. If your account is suspended or terminated, you will no longer have the right to continue to use our Services, nor will you be entitled to any refund.

We may discontinue providing our Services. We reserve the right to change, suspend, or discontinue as part of our Services at any time and for any reason. We will not be liable to you for the effect that any changes to our Services may have on you.

7 Disclaimer and Limitation of Liability.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS, SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8 Indemnification.
If we get sued by a third party because of your actions, your use of our Services, your breach of the Terms, or your infringement of someone else’s rights, you agree to defend, indemnify, and hold us (and our employees and directors) harmless from any claim, demand, losses, liabilities, costs, and expenses (including reasonable attorney’s fees). We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us at your cost.

9 Disputes with us.
If you have a dispute with us, you agree to first contact us at support@refundmatic.com so we can work together to resolve the dispute informally. If we can’t, then you agree that any dispute or claim relating to this Contract will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA Rules. Judgement on the arbitration award may be entered in any court that has jurisdiction.

Arbitrations may be filed where you reside, or in Santa Clara County, California. Any in-person hearings will be held at a location that is reasonably convenient for both parties. Arbitrations for disputes alleging damages of less than $10,000 may be conducted telephonically or via video conference.

Any arbitration under this Contract will take place on an individual basis. You understand that by agreeing to this Contract, we are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each of us has the right to bring an action in a court of proper jurisdiction for injunctive or other equitable relief, pending a final decision by the arbitrator. You may assert your claim in small claims court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

We each agree that for any arbitration that you initiate, you will pay the filing fee and we will pay the remaining AAA fees and costs, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For any arbitration that we initiate, will pay the filing fee as well as the remaining AAA fees and costs.

Any claim arising out of, or related to, this Contract or our Services must be filed within one (1) year after that claim arose; otherwise, the claim is permanently barred.

If we make any changes to this section after the date you last accepted this Contract, those changes will not apply to any claims initiated prior to the date the changes became effective. However, new claims made after the date the changes became effective will be subject to those changes.

10 Miscellaneous.
This Contract is governed by the laws of the State of California, without regard to its conflicts of laws rules. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state courts sitting in Santa Clara County, California, or the federal courts of the United States sitting in San Francisco County, California.

We may modify these terms from time to time If we believe that the changes are material, we will provide you with notice of such changes, which may include sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Changes will be effective upon posting, unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

A few more legal terms If any portion of these Terms is unlawful, void, or unenforceable, that portion is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for your and our benefit, and are not intended to confer third-party beneficiary rights upon any other person or entity. Any provision that by its nature is intended to survive expiration or termination of this Contract shall survive such termination or expiration, including, without limitation, Sections 5 - 10. You agree that communications and transactions between us may be conducted electronically. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us. These Terms (including all of the policies that make up the Terms) supersede any other agreement between you and us regarding the Services. We may assign any of our rights and obligations under the Terms. If you have questions about these Terms, please email us at support@refundmatic.com.