1.      General

     ChargebackZero Inc. provides business owners the power to arm themselves against financial harm due to chargebacks with our suite of mitigation solutions, Chargeback management platform, and advanced alerts services (collectively known as "Services"). By using these Services or accessing our website located at Chargebackzero, you hereby agree to be bound by all terms delineated in this agreement ("Terms"), including any updates or revisions that may occur over time. It is strongly encouraged for users ('Merchant' or “User”)to read through each section carefully prior continued use of the Service; otherwise access must immediately cease until a full understanding is achieved between user and company outlined within Terms established herein—which also incorporate Our Privacy Policy & Data Processing Act requirements!

2.      Eligibility

2.1.      To use our services and website, You must follow a few key guidelines. Compliance with these points allows for an enjoyable experience that serves both You and us in the best way possible!.

2.1.1.      You are at least 18 years old;

2.1.2.      Please make sure that we have not previously closed or disabled Your Account for any reason.

2.1.3.      You are legally competent to enter into an agreement, entitled, authorized and able to accept and abide by the terms and conditions of these Terms/ policy documents.

3.      Registration

3.1      To access the Services, You must install our application, connect the add-on, and open an Account.

3.2.      When registering for our Services, you will be required to provide detailed information about yourself and your store in accordance with the Privacy Policy. Plus, connecting us to your CRM system as well as payment gateway, processor or facilitator is essential when setting up a Store account. Going forward each of these connections must have their own separate accounts

3.3.      To ensure accuracy, during registration, you will be asked to provide up-to-date information and then select a password. Your email address connected to the account will be used as your access information. This, along with the chosen password, will be required for you to log into your account.

3.4.      You are the only person responsible for keeping your Account information and Access Information confidential. You are solely responsible for any activity that occurs on Your Account with the use of Your Access Information. If you share your password with anyone, we will not be responsible for any damage that may occur from it. You are not allowed to give anyone else access to Your Account. If there is any unauthorized access to Your Account or any other security breach, you must inform Us right away to take necessary step.

3.5.      You are responsible for ensuring that the email address associated with your account is kept up-to-date. This way, the Company can communicate with you electronically. If you do not receive an electronic communication sent by the Company due to your email address being incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, you will not be able to plead ignorance.

4.      The Services

4.1.      Once the Services are turned on, ChargebackZero will take care of all unresolved Chargebacks concerning Your Stores.

4.2.      If you have open chargebacks at the time of connecting to our services ("Old Chargebacks"), ChargebackZero will do its best to address them. However, the responsibility for disputes opened after connecting to the Services lies with ChargebackZero and we cannot guarantee that Old Chargebacks will be taken care of. You can check the status of disputes and Services in the ChargebackZero dashboard.

4.3.      The Merchant authorizes ChargebackZero to process customer information on their behalf for the purpose of addressing chargebacks, in accordance with the ChargebackZero DPA. The Merchant guarantees that this processing activity is allowed under their Privacy Policy.

4.4.     ChargebackZero reserves the right to contact your customers directly and attempt to resolve the chargeback dispute until the customer withdraws the chargeback or opts to close the dispute on their own.

5.     Fees; Payments; Taxes

5.1.     If ChargebackZero successfully settles a chargeback in the Merchant's favor through the Services, ChargebackZero shall be entitled to fees. If the Merchant disconnects a Store from the Services after ChargebackZero has opened a dispute, the Merchant will be required to pay any applicable fees to ChargebackZero.

5.2.      Late Payments. If Merchant fails to pay any amount due hereunder on the applicable due date, Merchant shall pay interest on the unpaid amount at the lesser of (a) 1.5% per month or (b) the highest rate permissible under applicable law, calculated daily and compounded monthly. Merchant shall also be responsible for reimbursing ChargebackZero for all costs and expenses, including but not limited to attorneys’ fees, that are incurred in attempting to collect any unpaid amounts owed by the Customer.

5.3.      Taxes. All payments due under these Terms are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (including foreign, federal, state, local or other taxes) associated with the Service and Merchant's access to the ChargebackZero Service. Merchant is solely responsible for paying all such taxes, duties and charges (except those taxes imposed on ChargebackZero's income). ChargebackZero may invoice Merchant for such taxes, duties and charges from time-to-time.

6.     Limitation of liability

6.1.     You are solely responsible for Your use of the Website and/or the Services, and We will have no liability for any damages or losses that You may incur as a result of Your use. We disclaim all warranties regarding the Website and/or the Services to the fullest extent allowed by law, including any implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, usefulness, authority, accuracy, completeness, and timeliness. The Website and the Services, including all content and functions made available on or accessed through or sent from the Website, are provided on an “as is”, “as available” and “with all faults" basis.

6.2.     ChargebackZero does not guarantee that all chargebacks will be resolved in favor of the merchant, nor does it guarantee that all disputes will be resolved and all fraud attempts identified.

6.3.     We specifically disclaim any and all liability or responsibility for any errors, mistakes, or inaccuracies of any content included in the Website, any interruption or cessation of transmission to or from the Services, or any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services or Website by any third party.

6.4.     We agree to not be held accountable for any losses incurred by You and/or any third party in connection with the Website and/or the Services, and You will be solely responsible for any decisions made based on the content of the Website and/or the Services.

6.5.     We shall not be held liable to You or any third party for any special, direct, indirect, incidental, punitive, or consequential damages arising from Your use of the Website and/or the Services or other materials on, accessed through or downloaded from the Website or as part of the Services, regardless of the basis of liability, including warranty, contract, tort, or any other legal theory. In the event that judicial authority finds Us liable, Our maximum liability shall not exceed the fees due to ChargebackZero in the 6 months preceding the event giving rise to the liability. This limitation of liability shall be applied to the fullest extent allowed by law in the applicable jurisdiction.

6.6.     We cannot be held liable for any disruption or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Services and Your browser and/or Store systems and/or other equipment. Additionally, we do not accept any responsibility or risk for Your use of the internet.

7.     Intellectual property rights

7.1.     Our intellectual property rights and those of third parties protect the Services, Website, algorithm used to provide the Services, anonymized and aggregate data collected, look and feel of the Services, content (including videos, text, photos, logos, graphical displays of data, designs, sound, figures, analysis, statistics, trademarks and any other content embodied in the Services and Website).

7.2.     You will not gain any ownership of the Services or the Website through this agreement. You are only granted the right to use these Services and Website in accordance with the terms of this agreement. All intellectual property rights associated with the Services and the Website remain with Us.

7.3.     You are not allowed to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell any of the contents of the Services and the Website in any form or by any means, in whole or in part, for any purpose other than using the Services and the Website according to the Terms, without Our explicit, prior written permission. Additionally, you must not allow any other party to do any of these things either.

8.     Third party services or content

8.1.     When using the Services, you may come across content or services that are provided by third parties, such as advertisements.

8.2.     We do not have any authority over, support, or approve of the content or services provided, and it may not be accurate or up-to-date.

8.3.     It is important to note that the Company, or anyone on its behalf, does not provide any content that has been created by third parties, nor do we have any control over, endorse, or approve of such content.

8.4.     It is advised that you check all information yourself before using it and any decisions or actions taken as a result are solely your responsibility.

8.5.     Alert Services

Should you choose to subscribe to the Alerts Services, the following will be applicable:

8.5.1.      It is clarified that as a part of the Alerts Services, ChargebackZero, at its sole discretion, may make a refund on behalf of the Merchant when a new alert is received or may open a dispute and settle it directly.

8.5.2.      You have the ability to end the Alerts Service at any time, as long as you provide ChargebackZero with written notice of thirty (30) days in advance. During the thirty day Notice Period, ChargebackZero will still be entitled to receive payment for Services rendered. Terminating the Alert Services will not affect any other Services you receive from ChargebackZero.

9.     Links 

9.1.      The Website may contain Links to platforms, websites, software, content, advertisements, promotions, logos and other materials that are controlled or offered by third parties. We advise You to be aware of the risks associated with using such websites, software, platforms or materials before retrieving, using, relying upon or purchasing anything from them. These Links are provided solely for Your convenience, and You acknowledge that We shall not be liable for any loss or damage caused by Your use of or reliance on any content, goods or services available on other websites, platforms or software.

9.2.     We do not endorse, authorize, sponsor, affiliate, or have any other connection between us and any websites, platforms, software, or their operators by including links in our website.

10.  Miscellaneous

10.1.     At our discretion, we may amend, modify, terminate, discontinue, or introduce new services at any time.

10.2.     We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page. These modifications will be effective immediately upon such publication. If You continue to use the Website or the Services after any changes have taken effect, You will be deemed to have accepted the revised Terms.

10.3.     You acknowledge that sending and receiving information from the Website does not create any relationship between You and Us that is different from what is outlined in this Terms.

10.4.     The only valid agreement between You and Us is these Terms and the Privacy Policy, both of which may be amended from time to time. No promises, representations, or consents that are not included in these documents will be legally binding on either party.

10.5.     The laws of India shall govern these Terms and the relationship between You and Us, and any disputes regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us shall be interpreted and construed accordingly. You irrevocably submit to the exclusive jurisdiction of the competent courts of Delhi in respect of any claim, dispute or difference arising out of or in connection thereof, exclusive of its conflicts of laws provisions.

10.6.     If We do not exercise any right, power or remedy when We are legally entitled to, this does not mean that We are giving up the right or remedy, and We can still exercise it at a later date or in combination with other rights, powers or remedies.

10.7.     If a court of competent jurisdiction finds any provision of these Terms to be unenforceable under applicable law, then that provision will be excluded from these Terms and the remaining provisions will be interpreted as if the excluded provision was not included. However, these Terms will be interpreted in a way that gives the greatest effect possible, consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as decided by the court of competent jurisdiction.

10.8.     We have the right to transfer or assign any and all of Our rights and obligations under these Terms to any third party. This means that the Website and/or any of the Services may be operated by third parties without affecting the existing customers.

Data Processing

ChargebackZero offers Merchants a range of chargeback mitigation solutions, chargeback management platforms, and chargeback alerts services, in addition to other supplementary services.

In order to receive the Services, ChargebackZero acts as a processor and is granted access to certain transaction data by the Merchants using our services. This data is then processed in accordance with the Merchant's privacy policy as detailed below.

A. The Personal Data we receive from the Merchant or Merchant systems:

‍ChargebackZero connects to the merchant’s CRM system and Payment Processor and Payment Gateway and is granted access to the following data retained by the Merchant:

  1. your name;
  2. your address;
  3. your email address;
  4. your phone number;
  5. details of the disputed transaction;
  6. details of the disputed order – including content, shipping information, etc.;
  7. additional information related to your disputed transaction from the merchant;
  8. your transacting history with the merchant.

ChargebackZero does not store or process any of your credit card or bank information. We only receive the transaction identifier associated with the purchase.

B. How we use your Personal Data received from the Merchant

‍The following list outlines the purposes for which We may process Personal Data about you based on a legitimate interest pursued by the Company or third parties:

1. In order to respond to resolve the dispute on behalf of the Merchant;

For this purpose, we may contact you directly and resolve the dispute directly and not through the credit card company;

2. In order to improve the Services, We offer, as well as to offer new ones.

We may use Personal Data about you in order to improve and create new services for you. This includes, but is not limited to, developing better models for addressing chargebacks, resolving disputes, and identifying fraud patterns. Even if our agreement with the Merchant is terminated, we may still continue to use your Personal Data for these purposes.

3. To make informed decisions about improving existing services, introducing and developing new ones, we use various analytical measures, including statistical analysis. This helps us to conduct meaningful analysis that can be used to make decisions.

C. Disclosing your Personal Data

‍We may also share Personal Data about you with third parties that provide Us with the following services:

  1. Storage and hosting providers, including cloud computing services;
  2. your address;
  3. IP address information;
  4. Support;
  5. CRM data management;
  6. Accounting and legal services; and
  7. Research, analytical, technical, and diagnostic services.

‍The Company may also share certain aspects related to Personal Data about you with other merchants in order to optimize its Services and improve fraud detection.

‍We also retain anonymized and de-identified data to improve our services, detect chargeback and fraud patterns and develop new offerings.

D. At ChargebackZero, we take data security seriously. We have implemented technical and organizational measures to ensure the safety of your personal data, and have taken into account the risks that may be associated with processing. We cannot guarantee that a security event will never occur, but for more information please see our security page at Security.

If you have any queries regarding the data on this page and your rights, you can reach us at privacy@chargebackzero.com and we will get back to you shortly.

Everything you need to
know about Chargebacks.